FAGNAN V. GREAT CENTRAL INSURANCE CO.
577 F.2d 418, cert. denied, 439 U.S. 1004 (7th Cir. 1978)
NATURE OF THE CASE: This was an action relating to an auto accident.
FACTS: A car crash resulted in the death of Robert Thompson and injuries to his passenger
David Harness. The drive of the other car, Duane Fagnan was also injured. Harness sued
Thompson's estate and the estate sued Fagnan as a third party claim for contribution.
Harness then filed a claim against Fagnan. Fagnan cross claimed against the estate. The case
was settled without a trial and the court dismissed the action and under Rule 41 (b) that
dismissal operated as an adjudication on the merits. Duane Fagnan and Raymond Fagnan,
Duane's father, sued Thompson's insurer, Great Central Insurance Company under a direct
action statute. The case was removed to district court and a jury gave the verdict to Duane
and Raymond. Great Central appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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