Summary
holding that "the doctrine of judicial estoppel precludes plaintiffs from now maintaining that the court cannot decide the exemption issue based on the parties' stipulation of facts and joint exhibits" where "plaintiffs' [prior] position, whether express or implied, [was] that the joint stipulation of facts and joint exhibits could be the basis for the court's summary judgment ruling"
Summary of this case from First Commerce Corporation v. U.S.Opinion
Docket No. 108654.
Leave to Appeal Denied December 23, 1997.
Court of Appeals No. 199681.
I would reverse the judgment of the Court of Appeals and remand the case to the Berrien Circuit Court for reinstatement of its previous judgment on the jury verdict of no cause of action. The jury determined that injury was not certain to occur. See Travis v. Dreis Krump Mfg Co., 453 Mich. 149 (1996).
I concur in the statement of Justice WEAVER.