DINDO V. WHITNEY
451 F.2d 1 (1st Cir. 1971)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Dindo (P) alleges that Whitney (D) was a passenger in D's car as it was being
driven by P. The car went off the road and P was injured. P claimed that D caused the
accident by putting his hand through the steering wheel in reaching for a flashlight. P sued
D in the district court of New Hampshire in 1968. D sued P in the district court of Vermont
in 1966. P gave the papers for that suit to his insurance agent who forwarded them to D's
insurer in that D's insurer would insure P as he had permission to drive D's car. The
insurer retained counsel and advised P to do so. He did not. The Vermont suit was settled
and discontinued and D then pleaded that the New Hampshire action was barred by reason of P
having failed to assert a compulsory counterclaim in a prior action. The New Hampshire
action is defended by the same insurer that represented P in the Vermont action and who was
also D's insurer.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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