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Civil Procedure Keyed to Rowe
Rush v. City of Maple Heights
Citation:147 N.E.2d 599 (Ohio 1958)
Rush (Plaintiff) suffered injuries when she fell from a motorcycle on the roads that the City of Maple Heights (Defendant) was responsible for maintaining. She sued the City for negligence. The municipal court found that the City (Defendant) was negligent in not maintaining the road, and the jury awarded Rush damages. The Ohio Court of Appeals and the Ohio Supreme Court affirmed. Rush then sued the City for spinal injuries suffered in the same accident, and sought to invoke preclusion on the issue of City’s negligence. The trial court permitted this and Rush was awarded damages.
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