Casey v. Balunas

One Mona Hilliard was a passenger in a car owned and operated by the defendants which was involved in an accident with a car operated by the plaintiff. On March 13, 1953, she instituted an action naming all the parties in this case as defendants, and on July 16,1954, judgment was rendered in her favor. The court found in that case that the negligence of both operators was the proximate cause of the accident. This is an action in which one operator is suing the other for his personal injuries and a special defense of res judicata has been set up.

Defendants claim since both were found to be…