Rush v. City of
Yeazell, pp. 57-62
Facts: The plaintiff was thrown off a motorcycle when it hit a hole in the road. She sued the city for damage to the motorcycle and won $100. Then she sued the city for personal injuries. The trial court found that the issues of negligence and proximate cause were already settled by the previous trial, and she won $12,000. The city appealed to the Court of Appeals, which upheld the verdict. Then the city appealed to the Ohio Supreme Court.
Issue: Should a plaintiff be allowed to bring separate causes of action for the same tort?
Rule: NEW RULE (in
Analysis: The court reviews the ruling of other jurisdictions
and finds that the single cause of action rule is the majority rule.
Conclusion: The ruling of the trial court and Court of Appeals is reversed and judgment is entered for the defendant.