LAW 110 Chapter Notes - Chapter illinois-railroad-v-parks: Illinois Central Railroad, Res Judicata, Collateral Estoppel
Document Summary
A man and wife filed suit against a railroad after they were injured when their automobile collided with a train. After the wife prevailed in her claim, but the husband failed in his, the husband re-filed suit against the railroad alleging an alternate version of liability. Jessie parks and bertha parks (plaintiffs), were injured when a car driven by jessie in which bertha was a passenger, collided with a defendant, illinois central gulf railroad (defendant) train. Bertha sought compensation for her injuries and jessie sought damages for loss of bertha"s services and consortium. Judgment was rendered for defendant on jessie"s claim. Jessie then sued defendant for his own injuries. The trial court held that jessie"s claim was not barred by claim preclusion and that the prior action did not preclude jessie on the issue of contributory negligence. The court held that estoppel by judgment did not apply. However, the court held that issue preclusion did apply.
