Civil Procedure Keyed to Yeazell
Illinois Central Gulf Railroad v. Parks
The Plaintiffs, 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. Bertha recovered $30,000 on her claim. 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. Defendant took an interlocutory appeal.
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