Legal Opinion

Howell v. Vito's Trucking and Excavating Co.

Michigan Supreme Court

Decided November 9, 1971No. 40 January Term 1971, Docket No. 52,679Published

1Opinion of the Court

386 Mich. 37 (1971)

191 N.W.2d 313

HOWELL

v.

VITO'S TRUCKING AND EXCAVATING COMPANY

No. 40 January Term 1971, Docket No. 52,679.

Supreme Court of Michigan.

Decided November 9, 1971.

Richard L. Wolk, for plaintiff.

Patterson & Patterson, Whitfield, Manikoff & White (by Robert G. Waddell), for defendant.

T.M. KAVANAGH, C.J.

We are asked to reconsider and clarify the doctrine of collateral estoppel by judgment, especially concerning the traditional requirement of mutuality.

Plaintiff's decedent, Hattie Howell, died of injuries received in a motor vehicle collision with defendant's truck. Other occupants of…

2Cases cited19 opinions

  1. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  2. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
  3. Howell v. Vito's Trucking and Excavating Co.Michigan Supreme Court · 1971
  4. Nevarov v. CaldwellCalifornia Court of Appeal · 1958
  5. Jones v. ChambersMichigan Supreme Court · 1958

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