P sustained injuries when a large metal panel struck her head while she was on an amusement ride at the Caledonia County Fair run by D. In 1994, P sued the operator of the ride for damages resulting from her head injuries. In 1995, the U.S. District Court rendered a verdict in her favor for $5,000, and she successfully collected that amount. On November 12, 1999, P suffered her first grand mal seizure. On April 5, 2000, her treating physician diagnosed her with epilepsy and determined that the 1991 head injury was the proximate cause of the epilepsy. In November 2002, P sued Ds seeking damages for the epilepsy that allegedly resulted from the 1991 injury. Ds filed a motion to dismiss. The court agreed with Ds that P's epilepsy claim was barred by the doctrine of claim preclusion because P's current claim differs from her 1994 claim only in that she currently alleges a more serious injury to her head. The court held that its ruling applied to both Ds even though P sued only Marc's in her first action because Ds were in privity. P appealed.

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