Practice Area:Personal Injury
Outcome:Won in the Wyoming Supreme Court
Description:This case involved questions of the effect of a Montana judgment. After executing a release relating to two separate personal injury claims against Burlington, Dunkelberger sued Burlington on a claim that was not time-barred. He asserted the release was fraudulently obtained, and a jury in the Montana court agreed with him. Burlington then sought a set-off against the judgment entered in favor of Dunkelberger for the amount paid in the settlement. The Montana trial court ruled there could be no set-off. The Wyoming Supreme Court held that the Montana judgment got full faith and credit in Wyoming, concluding the case in favor of the injured man.