HOWELL v. VITO'S TRUCKING AND EXCAVATING CO.

No. 40 January Term 1971, Docket No. 52,679.

386 Mich. 37 (1971)

191 N.W.2d 313

HOWELL v. VITO'S TRUCKING AND EXCAVATING COMPANY

Supreme Court of Michigan.

Decided November 9, 1971.


Attorney(s) appearing for the Case

Richard L. Wolk, for plaintiff.

Patterson & Patterson, Whitfield, Manikoff & White (by Robert G. Waddell), for defendant.


T.M. KAVANAGH, C.J.

We are asked to reconsider and clarify the doctrine of collateral estoppel by judgment, especially concerning the traditional requirement of mutuality.

Plaintiff's decedent, Hattie Howell, died of injuries received in a motor vehicle collision with defendant's truck. Other occupants of the Howell car, including a daughter Anna Sue Collins, were injured. Plaintiff brought the present wrongful death action in Oakland Circuit Court. Defendant...

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