MONAT v. STATE FARM INS. CO.

Docket No. 121122, Calendar No. 1.

677 N.W.2d 843 (2004)

469 Mich. 679

Frank MONAT, Plaintiff-Appellee, v. STATE FARM INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 22, 2004.


Attorney(s) appearing for the Case

Moblo & Fleming, P.C. (Richard E. Moblo and Cheryl L. Ronk), Novi, MI, for the defendant.


MARKMAN, J.

We granted leave to appeal in this case to examine the mutuality requirement of the doctrine of collateral estoppel. In this first-party, no-fault action, defendant seeks to invoke collateral estoppel to preclude plaintiff from relitigating an issue already decided in plaintiff's third-party negligence action. Due only to a lack of mutuality, the Court of Appeals, in a split decision, affirmed the trial court's denial of defendant's motion for summary...

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