Houghton v. Novak

The plaintiff, Wayne F. Houghton, filed a small claims action to recover for hospital and medical bills paid as a result of an automobile accident in which his wife and child were injured in a collision with an automobile driven by defendant, Robert W. Novak. The defendant filed a motion to dismiss alleging that plaintiff’s wife and the guardian of the child’s estate had previously sued defendant in separate counts of a single action, with each alleging injury in the accident and seeking damages which included the same hospital and medical expenses now sought; and that the trial resulted in a…