Rush v. City of Maple Heights

1958

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: