This section contains the nature of the case and procedural background.

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.

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