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Block 173 Assocs., 814 P.2d 824 (Colo. 1991). The doctrine will <br />only be applied if in both proceedings there is identity of subject <br />matter, identity of cause of action, identity of parties, and identity of <br />capacity in the persons for whom or against whom the claim is <br />made. Turkey Creek Ltd. Liab. Co. v. An~lo Am. Consol. Corp., 43 <br />P.3d 701 (Colo. App. 2001). <br />Here, the trial court found, with record support, that <br />homeowners suffered a second injury to their residence as a result <br />of a second incidence of subsidence. Because homeowners base <br />their present suit on a separate injury, there is no identity of <br />subject matter between the two lawsuits. Thus, the doctrine of res <br />judicata is inapplicable. <br />Basin argues that homeowners could have included a claim for <br />future damages in their earlier suit. Under this reasoning, a <br />homeowner would be required to speculate about what damages <br />might occur in the future as a result of unknown causes, <br />particularly subsidence, We are not convinced that in enacting the <br />Colorado Surface Coal Mining Reclamation Act the General <br />Assembly contemplated placing such a burden on homeowners <br />9 <br />