Civil Procedureclaim splittingres judicataclaim splittingres judicatasingle tortsingle cause of actionpersonal injury
Facts
The plaintiff suffered both property damage and personal injuries from a single accident. She filed one action in the Cleveland Municipal Court for property damage and reduced that claim to judgment. She then proceeded in the Cuyahoga County Common Pleas Court with a separate action for personal injuries arising from the same accident. The defendant contended that these were parts of one claim and could not be split into separate lawsuits.
Issue
When one wrongful act causes both personal injuries and property damage to the same person, does that event create two distinct causes of action that may be sued on separately, or only one cause of action that must be brought in a single action?
Rule
Where a person suffers both personal injuries and property damage as a result of the same wrongful act, only a single cause of action arises, and the different injuries are separate items of damage from that act. A plaintiff may maintain only one action to enforce rights existing at the time the action is commenced, except that insurer subrogation situations may justify separate actions by the real party in interest.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Columbus, Nina Patel was struck by a delivery van operated by Owen Blake of Riverbend Courier LLC. The collision damaged Nina's car and injured her shoulder. Nina first sued Owen in a local court for the cost of repairing the car and obtained a final judgment, then filed a second action in a court of general jurisdiction seeking damages for her shoulder injury from the same collision.
What is the strongest argument for Owen in the second action?
Explanation. Where one wrongful act causes both personal injury and property damage to the same person, only one cause of action arises. The harms are separate items of damage, not separately enforceable claims. After obtaining a judgment on the property-damage portion, Nina cannot maintain a second suit for personal injuries arising from the same collision. (Derived from Rush v. Maple Heights (n.d.).)