FAGNAN V. GREAT CENTRAL INSURANCE CO., 577 F.2d 418, cert. denied, 439 U.S. 1004 (7th Cir. 1978) CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment