HEMME v. BHARTI

No. SC 86937.

183 S.W.3d 593 (2006)

Terri Jo HEMME and Terry Hemme, Appellants, v. Sam BHARTI, Kusum Bharti, and Bharti Midway Properties, Inc., and R.J. Reynolds Tobacco Co., Respondents.

Supreme Court of Missouri, En Banc.

February 14, 2006.


Attorney(s) appearing for the Case

Linda C. McFee, Robert L. Wehrman, Kansas City, for Appellants.

Kathleen Kopach Woods, Richard F. Lombardo, Jennifer Joyce Price, Jean-Paul Assouad, David R. Buchanan, Kansas City, for Respondents.


MICHAEL A. WOLFF, Chief Justice.

Introduction

This case concerns the interplay between the procedural rules governing cross-claims and compulsory counterclaims. The question is whether a personal injury claim is barred under the compulsory counterclaim rule when it is brought by a plaintiff who, as a defendant in a previous action, did not raise the claim against a co-defendant who made a cross-claim for indemnity...

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