The Gray Eagles, Inc v. Lucchesi
Cases that cite this one
2 later published cases cite this decision.
- Universal Underwriters Insurance v. Vallejo (Mich. Ct. App. 1989)
- Toska v. Campbell (Mich. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
THE GRAY EAGLES, INC
v.
LUCCHESI
Michigan Court of Appeals.
Wisti & Jaaskelainen (by Phillip L. Kukkonen), for plaintiff.
McLean & McCarthy, for defendant.
Before: R.B. BURNS, P.J., and QUINN and O'HARA,[*] JJ.
PER CURIAM.
This case has been previously appealed *83 to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich App 322; 194 NW2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiff's bailment theory of strict liability".[1] On retrial, the trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff's took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiff's negligence theory.
This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.
The trial judge was correct. We affirm. Costs to the defendant.
NOTES
[*] Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.
[1] The Gray Eagles, Inc v Lucchesi, 37 Mich App 322, 324; 194 NW2d 373, 374 (1971).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.