Posted November 13, 2009

Torts


Fifth DCA Rules All Damages Claimed As A Result Of A Single Wrongful Act Must Be Sought In One Law Suit

Bryant v. Tarman,
34 Fla. L. Weekly D2276a (5th DCA November 6, 2009)
Submitted by  Dorothy Venable DiFiore

Plaintiff obtained a judgment for the property damage that was sustained in the motor vehicle accident. Then she filed a lawsuit for her personal injuries. The circuit court dismissed the personal injury claim on grounds that the plaintiff had improperly split her cause of action. The Fifth DCA affirmed, stating: "difficulties may arise in the preparation and trial of a lawsuit involving property damage and personal injury arising from a single motor vehicle accident. However, 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."

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