Person v. Peterson

Defendant Judith Peterson unsuccessfully sued plaintiff Larry Person in small claims court for damages resulting from an automobile collision. A few months later, plaintiff sued defendant in circuit court for damages sustained to his automobile as a result of the same collision. Defendant failed to answer, and judgment by default was entered for plaintiff. Subsequently, defendant moved to vacate the default judgment, alleging that plaintiff’s circuit court claim was barred by the compulsory counterclaim rule. SDCL 15-6-13(a). The motion was granted. Plaintiff argues that SDCL 15-6-13(a) does…