Illinois Central Gulf Railroad v. Parks - 181 Ind. App. 141, 390 N.E.2d 1078 (1979)

Illinois Central Gulf Railroad v. Parks

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

I. Issue

Whether Jessie's claim is barred by claim preclusion and whether the prior action precludes Jessie on the issue of contributory negligence when he sought damages for loss of Bertha's services and consortium in the previous suit.

II. Fact

Jessie and Bertha Parks were injured when their car collided with an Illinois Central train.  They sued Illinois Central;  Bertha sought compensation for her injuries, and Jessie sought damages for loss of Bertha's services and consortium.  Bertha received a $30,000 judgment on her claim, and judgment was rendered for Illinois Central on Jessie's claim.

Jessie sued Illinois Central for his own injuries.  In summary judgment, 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.  Illinois Central took an interlocutory appeal.

III. Reasoning

Jessie's cause of action is a different cause of action from the one he litigated in the companion case; therefore estoppel by judgment (claim preclusion) does not apply.  However, estoppel by verdict (issue preclusion) does apply.  D has failed its burden of showing that the judgment against Jessie in the prior action could not have been rendered without deciding that Jessie was contributorily negligent in the accident which precipitated the two lawsuits.

IV. Holding

The trial court was correct in granting partial summary judgment estopping the railroad from denying its negligence and in limiting the issues at trial to whether Jessie was contributorily negligent, whether any such contributory negligence was a proximate cause of the accident, and whether Jessie sustained personal injuries and compensable damages.