Radmacher v. Cardinal

Otis, Justice.

Appeal from an order of the district court striking from the answer of appellant, third-party defendant, Benjamin Chesin, allegations of estoppel by verdict arising out of a cross-suit for contribution brought by respondent, third-party plaintiff, James Cardinal.

This litigation arises out of a collision between a car driven by Chesin in which plaintiff, Rudolph Radmacher, was a passenger, and a car driven by Cardinal. In a previous action Chesin sued Cardinal for personal injuries and property damage and Cardinal counterclaimed for property damage. The verdict awarded Chesin…