Pakkala v. Fendrick

Wilfred Pakkala brought an action for personal injuries and property damage against Joseph S. Fendrick. Instead of interposing a counterclaim, Mr. Fendrick brought an independent action for the damages which he claimed he had suffered as a result of the same accident. He was represented by different attorneys *603in both actions, although only one attorney appeared for him at the trial.

The actions were tried together without an order or stipulation consolidating them, and the jury disagreed. On the second trial the jury awarded Pakkaia $300 in the first action and specifically returned a verdict…