Rush v. City of Maple Heights
Supreme Court of Ohio, 1958
167 Ohio St. 221, 147 N.E.2d 599, cert denied, 358 U.S. 814
Listen to the opinion:
Brief Fact Summary
Plaintiff was riding on the back of her motorcycle, being driven by her
husband. The motorcycle hit a pothole. She sued the city for negligence
in the maintenance of the roads and received a judgment in the amount
of $100. The city appealed and the judgment was affirmed.
The plaintiff then attempted to sue the city again for injuries arising
out of the same accident. She received a jury verdict in the amount of
$12,000. During the trial, the Court charged the jury that the issues
of the defendant's negligence were not at issue, because they had
previously been settled in favor of the plaintiff.
Rule of Law and Holding
When a person suffers both personal injuries and property damage stemming from the same tort, only one cause of action arises.
Click on the logo to read the full opinion for this case at: 
© 2008 Courtroom Connect, Inc. All rights reserved.