The Gray Eagles, Inc v. Lucchesi

Full title: THE GRAY EAGLES, INC v LUCCHESI

Court: Michigan Court of Appeals

Date published: Sep 27, 1973

50 Mich. App. 82 (Mich. Ct. App. 1973)

212 N.W.2d 749

Opinion

Docket No. 14938.

Decided September 27, 1973.

Appeal from Houghton, Stephen D. Condon, J. Submitted Division 3 June 28, 1973, at Menominee. (Docket No. 14938.) Decided September 27, 1973.

Complaint by The Gray Eagles, Inc., against Geno Lucchesi for damages to its airplane. Judgment for defendant. Plaintiff appealed to the Court of Appeals. Reversed and remanded for trial as to plaintiff's bailment theory of strict liability. The trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff appeals by leave granted. Affirmed.

Wisti Jaaskelainen (by Phillip L. Kukkonen), for plaintiff.

McLean McCarthy, for defendant.

Before: R.B. BURNS, P.J., and QUINN and O'HARA,^_ JJ.

_ Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

PER CURIAM.

This case has been previously appealed to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich. App. 322; 194 N.W.2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiff's bailment theory of strict liability".¹ On retrial, the trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff's took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiff's negligence theory.

1 The Gray Eagles, Inc v Lucchesi, 37 Mich. App. 322, 324; 194 N.W.2d 373, 374 (1971).

This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.

The trial judge was correct. We affirm. Costs to the defendant.