Illinois Central Gulf Railroad v. Parks
Court of Appeals of Indiana
390 N.E.2d 1078 (1979)
The Parks were injured when their car collided with Illinois Central Gulf Railroad’s (Illinois) (defendant) train. Jessie Parks (plaintiff) sued Illinois for loss of Bertha Parks’s services and consortium, and the court found for Illinois. Bertha sought and recovered damages for her injuries. When Jessie sued Illinois for his own injuries, Illinois moved for summary judgment on the ground that his claim was barred by claim preclusion and that the case had already been decided by Jessie’s prior action. The trial court ruled that Jessie’s claim was not barred by claim preclusion. Illinois appealed.
Rule of Law
Holding and Reasoning (Lybrook, J.)
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