Rush v. City Of Maple Heights,

167 Ohio St. 221; cert. denied, 358 U.S. 814 (1958)


Rush (P) was injured in a fall from a motorcycle because of a negligently maintained street in the City of Maple Heights (D). P sued D in municipal court claiming that D was negligent in maintaining the street and this negligence was the proximate cause of her injuries. The municipal court awarded P $100 in personal property damages. D appealed, and the judgment was affirmed. P then sued D in another court for personal injuries she suffered in the same accident. P claimed that the issue of negligence was res judicata from the judgment in the first action. P moved to set the trial for damages alone. This motion was granted. P was awarded $12,000. D appealed. The Court of Appeals affirmed.