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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.