Racino v. Saxon

McCAIN, Judge.

Petitioner, plaintiff below, seeks certiora-ri to review a trial court’s order striking *275his defense of res judicata to a counterclaim filed by respondent, defendant below.

The myriad of events precipitating this cause commenced with a motor vehicle collision between a truck and Volkswagen. Petitioner was driving the truck owned by Alterman Transport Lines. Respondent was operating the Volkswagen.

Respondent first became plaintiff in a separate suit for property damages and personal injuries against both Alterman and petitioner. They both counterclaimed. Respondent and petitioner…