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This section contains the nature of the case and procedural background.

Crowe's car was hit by Terranella's (D) tractor trailer. Crowe died and his administrator, Stone (P), sued both D and the owner of the rig, Glenos. Ds filed answers, and Glenos motioned to file a counterclaim for personal injuries. At the time the counterclaim was filed, the statute of limitations had run. That motion was denied with respect to the counterclaim for personal injuries. D got a judgment of $3,000 on his counterclaim for property damage and appealed the holding for personal injuries.

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