· 5/16/1978
McKibben v. Zamora
Citations
- 358 So. 2d 866
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff had improperly split cause of action by filing separate negligence lawsuits seeking to recover damages to property and for personal injury
- retaining single cause of action rule even though at time first action for property damage was filed, plaintiff had not reached statutory threshold of $1,000 in personal injuries to bring suit for personal injury damages
- confirming the general rule that all damage arising from a single wrongful act must be recovered in a single lawsuit, the recognized exception being an action for personal injuries and a subrogated insurer's action for property damage arising from the same wrongful act
- the law does not permit a plaintiff to split his cause of action by dividing his property and personal injury claims arising from a single tort into two lawsuits
Source: CourtListener parenthetical corpus (CC0).
Judges: Pearson, Nathan and Hubbart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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