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Rush v. City of Maple Heights

Supreme Court of Ohio
147 N.E.2d 599, cert. denied, 358 U.S. 814 (1958)



Rush (plaintiff) owned a motorcycle. Her husband ran the motorcycle into a hole in the road, injuring Rush and damaging the motorcycle. Rush sued the City of Maples Heights (defendant) in municipal court on the ground that the city was negligent in not repairing the road and that such negligence was the proximate cause of her accident. The municipal court awarded damages to Rush in the amount of $100 for the damage to the motorcycle. The state court of appeals and state supreme court both affirmed. Subsequently, Rush commenced a new action to recover damages for the personal injuries she suffered in the same accident. The trial court enforced the previous judgment as to negligence and proximate cause against the city. On the issue of damages, the jury awarded Rush $12,000. The court of appeals affirmed.

Rule of Law


Holding and Reasoning (Herbert, J.)

Concurrence (Stewart, J.)

Dissent (Zimmerman, J.)

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