Wednesday, November 11, 2009

"All Damages Claimed As A Result Of A Single Wrongful Act Must Be Sought In One Lawsuit"

In Bryant v. Tarman (5D08-3385), the Fifth District resolved "whether the trial court erred in granting summary judgment because Appellant split her cause of action by first obtaining a judgment for property damage to her motor vehicle and then filing a lawsuit for personal injuries resulting from the same motor vehicle accident."  The court held:
all damages claimed as a result of a single wrongful act must be sought in one lawsuit, even when it involves a motor vehicle accident. Id. The law does not permit the owner of a single cause of action to divide or split that cause of action so as to make it the subject of several lawsuits. Mims v. Reid, 98 So. 2d 498, 500 (Fla. 1957).


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