Davis v. Roper Corp.

ON REMAND

Before: Sawyer, P.J., and G. R. McDonald and R. M. Maher, JJ. G. R. McDonald, J.

On June 2, 1987, this Court filed an opinion in the instant case finding that plaintiffs were not collaterally estopped from proceeding against defendant Roper Corporation, the manufacturer of an allegedly defective stove, even though plaintiffs had not prevailed in their claim against Sears, Roebuck and Company, the retailer, 160 Mich App 595; 408 NW2d 513 (1987). We *768reached this conclusion in part because plaintiffs had not chosen to split their cause of action and sue each party separately, but were…