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Civil Procedure Fall 2014

Rush v. City of Maple Heights

Headnote

The decision itself omits the facts of the case. Here they are : The plaintiff was injured when she fell of her motorcycle. She sued in Municipal Court in Cleveland, OH, claiming damage to her property against the city. The court found the city negligent in maintaining the streets and that the negligence caused the damages, which were fixed at $100. The City appealed and judgment against it was ultimately affirmed by the Ohio Supreme Court. The same plaintiff also brough an action in the Court of Common Pleas in Cuyahoga county for personal injuries from the same accident. The court treated the issue of negligence was covered by Res Judicata and then had trial only on the issue of damages. Damages were held to be $12,000. There was an appeal to the Court of Appeals that affirmed that judgment. This appeal to the Supreme Court of Ohio follows....