Civil Procedure Keyed to Friedenthal
Rush v. City of Maple Heights
Facts
The Plaintiff suffered property damages to her motorcycle and personal injuries to her body resulting from the negligence of the Defendant in maintenance of its street. The Plaintiff sued the city in negligence for damages to her property in Municipal Court and was awarded $100. The Plaintiff also brought an action in the Court of Common Pleas for personal injuries that she sustained from the accident. Her motion to set trial on the issue of damages alone was granted on the ground that the issue of negligence was res judicata because of the Municipal Court action. The Plaintiff was awarded $12,000 and the Court of Appeals affirmed.
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