Gray Eagles, Inc. v. Lucchesi

50 Mich. App. 82

Opinion

Per Curiam.

This case has been previously appealed 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 plaintiffs bailment theory of strict liability”.¹ On retrial, the trial court ordered the trial limited to plaintiffs bailment theory of strict liability. Plaintiff took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiffs 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.

1 The Gray Eagles, Inc v Lucchesi, 37 Mich App 322, 324; 194 NW2d 373, 374 (1971).