Ison v. Thomas

2007 WL 1194374 (Ky.App. 2007)

Facts

P alleges that D injured him in an automobile accident. P sued D and D's insurer for property damage losses from the accident and for statutory damages for what P alleged was the insurer's bad faith settlement of his property damage claim. A jury awarded him about $5,000.00 for his property losses. P's bad-faith-settlement claim against the insurer was dismissed. P sued D again for personal damages. The court ruled that P's personal injury claim was part of the same cause of action as his property damage claim and so had merged with the prior judgment. It dismissed the personal claim. P appealed.