Venue: | Ohio SC |
Facts: | Rush is riding his motorcycle and hits a pothole. The bike is damaged, and so is he. |
Posture: | In municipal court, the city is found liable for the motorcycle
damage. Affirmed on appeal and by state supreme court.
Now we've got a suit for the injury in the common pleas court. City is liable again at trial, affirmed on appeal. |
Issue: | Can the plaintiff split these claims into separate trials? |
Holding: | No. Claim preclusion. |
Rule: | If you've got two kinds of damage from the same incident, you need to deal with them both in the same proceeding. |
Reasoning: | If the defendant's wrongful act is single, the |
Dicta: | |