Seaboard Coast Line Railroad v. Cox ex rel. Caldwell

GRIMES, Judge.

In May of 1972 an accident occurred involving a Seaboard train and an automobile carrying five persons. Jackie Cox and his wife, Judy, who were passengers in the automobile, were killed. Their minor son Eric brought suit against Seaboard for the wrongful death of his mother. He obtained a judgment in the amount of $255,000.

Thereafter, Eric brought another suit against Seaboard for the wrongful death of his father. Pursuant to his motion, the court entered a summary judgment on liability upon the ground that the defendant was estopped by the prior judgment from further litigating…