Plaintiff, Richard P. Hilbert, was injured when his automobile was struck by another car driven by Dale Rutz, who died as a result of the accident. At the time of the accident Rutz was unlawfully racing with the defendant Frederick Roth. Plaintiff sued the Rutz Estate for compensatory damages and Roth for both compensatory and punitive damages. The two cases were consolidated for trial. During the joint trial the trial judge felt that the awkwardness of the application of the dead mans rule only to the Rutz case required withdrawal of a juror as to Roth. The trial proceeded against the Rutz Estate resulting in a verdict for the plaintiff in the sum of $10,000. Judgment was entered on the verdict. Later it was paid and plaintiff caused the judgment to be marked satisfied of record.