Landers v. Smith

HOGAN, Judge.

This is an action for $1,000.00 property damage sustained by plaintiff in a collision of two motor vehicles. The trial court has entered judgment for the defendant on her motion for summary judgment, and the plaintiff has appealed. The specific question for our consideration is whether, upon the facts and circumstances of this case, the plaintiff’s claim is barred because he failed to assert it as a counterclaim in a previous action between the same parties in which he was defendant and the present defendant was plaintiff.

The appeal is before us upon a record consisting of some…