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Carter v. Hinkle

From lawbrain.com

Carter v. Hinkle, 52 S.E.2d 135 (1949) is a civil procedure case holding that property damages and personal injuries are two separate and distinct types of damages.

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Summary of Case Facts

Hinkle (plaintiff) and Carter (defendant) get into an auto accident. Plaintiff brings action against defendant and Smith (owner of the car) for the property damages that he suffered in the accident. Plaintiff prevails and then plaintiff brings another action against the defendants for his personal injuries. Defendants moves to dismiss the case.

Issue

Whether the accident gives rise to two separate causes of action, one for property damages and one for personal injuries.

Holding and Law

Yes. The court followed the minority “primary rights” view under which property damages and personal injuries are two separate and distinct types of damages.

Contributors

FindLaw AHK, FindLaw Pierre, Sfitzpatrick