Civil Procedure Keyed to Field
Fagnan v. Great Central Insurance Co
Thompson was driving a car and Harness was the passenger. Thompson collided with Plaintiff’s vehicle and was killed. Harness sued Thompson’s estate in federal court in Minnesota. The administrator of Thompson’s estate sued Plaintiff for contribution and Plaintiff countersued the estate for contribution. The case settled. Plaintiff then sued Defendant, Thompson’s insurer, in Wisconsin for medical expenses and child care expenses resulting from the accident. Defendant removed the case to federal court and a jury found for Plaintiff. Defendant appealed, arguing that Plaintiff’s claim was a compulsory counterclaim in the previous litigation with Thompson’s estate and that because it was now barred by Fed. R. Civ. P. 13(a) from being raised against Thompson’s estate, it was also barred from being raised against Defendant under a direct action statute.
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