Kirchner v. Riherd

STEPHENSON, Justice:

The trial court dismissed Riherd’s complaint seeking damages for personal injuries. The trial court relied upon the rule of law that causes of action shall not be split. The Court of Appeals reversed the trial court on the theory there was no splitting of a cause of action. We granted discretionary review and reverse.

Riherd sued Kirchner in circuit court for personal injuries suffered in an automobile accident. Kirchner filed a motion to dismiss, pleading res judicata as a result of Riherd’s splitting his cause of action and later filed motion for summary judgment.…