ISON V. THOMAS
2007 WL 1194374 (Ky.App. 2007)
NATURE OF THE CASE: Ison (P) appeals a summary judgment dismissing his claim against
Thomas (D) for personal injury damages in that the trial court misapplied the rule against
splitting one's cause of action, an aspect of the doctrine of res judicata.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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