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Difference between revisions of "Carter v. Hinkle"

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(Holding and Law)
 
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Yes. The court followed the minority “primary rights” view under which property damages and personal injuries are two separate and distinct types of damages. <br>
 
Yes. The court followed the minority “primary rights” view under which property damages and personal injuries are two separate and distinct types of damages. <br>
 
<h3>Attorneys for the Related Category</h3>
 
<h4>Car Accident Law</h4>
 
{|
 
|<p><b>Las Vegas Car Accident Law Firm</b><br/>Las Vegaz, NV<br/>[http://lasvegascaraccident-lawyer.com Car Accident Lawyer Las Vegas Texas]</p>
 
|<p><b>Long Island Car Accident Lawyer</b><br/>Long Island, NY<br/>[http://longislandcaraccidentlawyer.org/motor-vehicle-accidents/ Long Island Motor Vehicle Accident Lawyer]</p>
 
|<p><b>Car Accident Lawyer in Chicago</b><br/>Chicago, IL<br/>[http://caraccidentlawyerinchicago.com/common-car-accident-causes/ Car Accident Causes in Chicago]</p>
 
|-
 
|<p><b>Miami Car Accident Lawyer</b><br/>Miami, FL<br/>[http://miamicar-accidentlawyer.com/motor-vehicle-accidents/ Miami Motor Vehicle Accident Lawyer]</p>
 
|<p><b>Car Accident Lawyer in Houston</b><br/>Houston, TX<br/>[http://caraccidentlawyerinhouston.net/car-accident-causes/ Car Accident Causes in Houston]</p>
 
|<p><b>Philadelphia Car Accident Lawyer</b><br/>Philadelphia, PA<br/>[http://philadelphia-caraccidentlawyer.net/common-car-accident-injuries/ Philadelphia Car Accident Injury Lawyer]</p>
 
|}
 
  
 
[[Category:Law School Cases]]
 
[[Category:Law School Cases]]
 
[[Category:Injury and Tort Law]]
 
[[Category:Injury and Tort Law]]
 
[[Category:Civil Procedure]]
 
[[Category:Civil Procedure]]

Latest revision as of 14:10, 28 May 2014

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