Radosevich v. Pegues

We will refer to the parties by name. Pertinent facts necessary to an understanding of the issue to be determined are as follows:

Mal C. Pegues and his wife Betty, hereinafter designated as the Pegues, filed their complaint against John Radosevich in which they sought to recover for loss of property and for personal injuries resulting from an automobile accident allegedly caused by his negligence. Radosevich answered the complaint and filed a counterclaim in which he alleged that the accident was caused by the negligence of the Pegues, and that he suffered damage from the destruction of his…