Illinois Central Gulf Railroad v. Parks

181 Ind. App. 141, 390 N.E.2d 1078 (1979)

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Nature of the Case

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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.