Civil Procedure Keyed to Field
Dindo v. Whitney
Plaintiff was driving Defendant’s car with Defendant as a passenger when the car crashed. Defendant sued Plaintiff for his injuries and Defendant’s insurance company, which covered Plaintiff as the driver of the insured vehicle, defended Plaintiff in Defendant’s suit and the matter was settled. Later, Plaintiff alleged that the accident was the result of Defendant’s actions and hired an independent attorney who filed a suit against Defendant for his injures. Defendant moved to dismiss Plaintiff’s claim because Plaintiff had failed to raise it as a compulsory counterclaim to the original action. The court dismissed Plaintiff’s claim and Plaintiff appealed.
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