Legal Opinion

Stitt v. Mahaney

Michigan Supreme Court

Decided December 22, 1978No. 59150, (Calendar No. 1)PublishedCited by 24 opinions

1Opinion of the CourtRyan, J.

I agree that plaintiff is entitled to a new trial. However, I do not agree with Justice Williams’ answer to the first question posed in this case. The release of the original tortfeasor was relevant to this suit against these alleged successive tortfeasors and was properly admitted in evidence.

I. Admissibility of the Release

I do not agree that the language of the printed release form under consideration clearly limits the release to the original tortfeasors. The language of the document of release explicitly releases, acquits and forever discharges any and all persons, firms and corporations…

2Cases cited14 opinions

  1. Goodwin, Inc v. Orson E Coe Pontiac, IncMichigan Supreme Court · 1974
  2. Derby v. PrewittNew York Court of Appeals · 1962
  3. Moore v. PalmerMichigan Supreme Court · 1957
  4. Geib v. SlaterMichigan Supreme Court · 1948
  5. Witucke v. Presque Isle BankMichigan Court of Appeals · 1976

9 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. End of the Road Trust Ex Rel. Fruehauf Trailer Corp. v. Terex Corp. (In Re Fruehauf Trailer Corp.)District Court, D. Delaware · 2000
  2. Espinoza v. ThomasMichigan Court of Appeals · 1991
  3. Brewer v. Payless Stations, IncMichigan Supreme Court · 1982
  4. McInnis v. Harley-Davidson Motor Co., Inc.District Court, D. Rhode Island · 1986
  5. Silisky v. Midland-Ross Corp.Michigan Court of Appeals · 1980

19 more not listed; retrieve them via the Exa API.

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