Nichols v. Yater

This appeal arose from the entry of a summary judgment in favor of appellee.

The facts material to our consideration are not in dispute and present the following situation. In September of 1966, appellant and appellee were involved in an automobile accident. Subsequently, on March 8, 1967, appellant filed two complaints — one for property damages, and one for personal injuries. The rhetorical paragraphs alleging negligence on the part of the defendant were exactly the same, and the only distinction between the two complaints were the injuries complained of and the damages sought. Each was…