Hector ALVAREZ, Appellant,
v.
NESTOR SALESCO, INC., d/b/a Ace Tool Company, d/b/a Nesco Tools Company, Appellee.
District Court of Appeal of Florida, Fourth District.
*942 John F. Phillips, Fort Lauderdale, for appellant.
Michael J. Schwartz of John S. Freud, P.A., Miami, for appellee.
KLEIN, Judge.
Plaintiff appellant was blinded in one eye while using a Snap-On wrench to loosen a nut on a sander manufactured by appellee Nestor. Plaintiff first sued Snap-On Tools, alleging a defective wrench, which resulted in a defense verdict and an affirmance on appeal. Plaintiff then brought this separate law suit against appellee Nestor, alleging that a defect in the sander caused his injury. The trial court concluded that the claim against Nestor was barred by the rule against splitting causes of action. We reverse.
In Gaynon v. Statum,
We recognize the rule against the splitting of causes of action and that as a general rule the law mandatorily requires that all damages sustained or accruing to one as a result of a single wrongful act must be claimed and recovered in one action or not at all. As is stated in 1 Am.Jur. 481, "the rule is found upon the plainest and most substantial justicenamely, that litigation should have an end and that no person should be unnecessarily harassed with a multiplicity of suits."
The trial court was apparently persuaded by general statements in decisions involving this principle, such as the one made by this court in Thermofin, Inc. v. Woodruff,
In Greenstein v. Greenbrook Ltd.,
Reversed.
PARIENTE and SHAHOOD, JJ., concur.
