CUMMINGS v. SCHAFER

No. 92-95.

511 N.W.2d 888 (1993)

Robert Scott CUMMINGS, Plaintiff-Appellant, v. Michael Alan SCHAFER, Defendant-Appellee.

Court of Appeals of Iowa.

November 29, 1993.


Attorney(s) appearing for the Case

William R. Dew, Griffin, Dew & Kintigh, Ottumwa, for appellant.

J. Terrence Denefe, Kiple, Kiple, Denefe, Beaver & Gardner, Ottumwa, for appellee.

Considered by OXBERGER, C.J., and HABHAB and SACKETT, JJ.


SACKETT, Judge.

The question in this appeal is whether the trial court properly dismissed plaintiff-appellant Robert Scott Cummings' suit finding it barred because it was not brought as a compulsory counterclaim in an action that has now gone to judgment.

Plaintiff in this suit seeks to recover for damages he allegedly sustained in an automobile accident that occurred on December 24, 1988 when plaintiff was driving an automobile that collided with an automobile...

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