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Carter v. Hinkle

Supreme Court of Virginia

52 S.E.2d 135 (Va. 1949)

Relevant factsFree

Hinkle (plaintiff) was injured in a car accident caused by Carter (defendant), acting as Smith's (defendant's) agent; Hinkle first sued Smith for property damage and recovered a paid judgment, then separately sued Carter and Smith for personal injuries from the same accident. The defendants objected that the prior property-damage suit barred the later personal-injury suit; the trial court overruled the objection, the jury found for Hinkle, and the defendants appealed.

IssueFree

Whether a plaintiff may bring a separate lawsuit for personal injury damages after having already recovered a judgment for property damage arising from the same wrongful act.

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