Cassidy v. McGovern

The concurrence/dissent adequately states the facts in this case and satisfactorily disposes of most of the issues facing us. We differ on two points, however. Plaintiffs in this case argue that the trial court erred in refusing to include in its instructions the holding of McKendrick v Petrucci, 71 Mich App 200; 247 NW2d 349 (1976). As our brother does, we reject plaintiffs’ argument basically because a "trial court does not err in refusing to charge as to a particular party’s theory of another case”. But in discussing McKendrick, we must not de-emphasize the language concerning "particular…