ILLINOIS CENTRAL GULF RAILROAD V. PARKS
181 Ind. App. 141, 390 N.E.2d 1078 (1979)
NATURE OF THE CASE: This was an interlocutory appeal from the denial of a motion for a
summary judgment which rejected a defense of claim preclusion in a suit for injuries from an
accident.
FACTS: Parks (P) and his wife were injured when their car collided with an Illinois
Central (D) train. P's sued and the wife recovered $30,000 on her claim for damages. The
judgment was rendered for D on P's own claim for damages for loss of services and loss of
consortium of his wife. P then sued D to recover damages for his own injuries. The trial
court held that P's claim was not barred by res judicata, and that the prior action did not
collaterally estopp P on the issue of contributory negligence. The trial court held that it
was not possible to determine if P lost because he was contributorily negligent or because
he could not prove his damages. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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