A motorcyclist, a car driver, and a truck driver were involved in a three-vehicle accident in a busy intersection. The motorcyclist filed a negligence action against the car driver for personal injuries suffered in the accident. In the car driver's pleadings, she denied that she was negligent and raised the motorcyclist's contributory negligence as a defense. The jury returned a general verdict in favor of the car driver. The motorcyclist then filed a negligence action against the truck driver. At the appropriate time, the truck driver filed a motion to dismiss for failure to state a claim, asserting that the motorcyclist was precluded from re-litigating his contributory negligence. Is the truck driver likely to be successful