
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.
Related cases
Rush v. City of Maple Heights147 N.E.2d 599, cert. denied, 358 U.S. 814 (1958)Little v. Blue Goose Motor Coach Co.178 N.E. 496 (Ill. 1931)Sea-Land Services, Inc. v. Gaudet414 U.S. 573 (1964)Kingston v. Chicago & N.W. Ry. Co.211 N.W. 913 (1927)Jones v. Morris Plan Bank of Portsmouth191 S.E. 608 (Va. 1937)