Smith v. Hutchins

*432OPINION

By the Court,

Thompson, J.:

This appeal from summary judgment for defendant places before us the propriety of applying the rule which precludes a plaintiff from splitting his cause of action for personal injury and property damage occurring simultaneously and traceable to a single tort to a case where one element of the plaintiff’s damage (usually property) is the subject of insurance.

The plaintiff commenced a district court action to recover damages in excess of $10,000 for personal injury, medical and hospital expense, and property loss sustained in a vehicle collision with defendant.…