VANATTA v. PAOLUCCI, 464 Mich. 876 (2001)

630 N.W.2d 626

No. 118275.Supreme Court of Michigan.
July 10, 2001.

In lieu of granting leave to appeal, the decision of the Court of Appeals is vacated, and the case is remanded to that Court to decide whether disclosure to the jury of a settlement between plaintiff and an alleged co-tortfeasor was harmless. MCR 7.302(F)(1). The October 1998 Court of Appeals order directing the trial court to allow defendant to disclose the settlement to the jury is contrary to the rule of Brewer v. Payless Stations, Inc, 412 Mich. 673 (1982). Unlike the second Court of appeals panel, the Supreme Court is not limited by the law of the case under the circumstances of the present case as this Court has not previously addressed the merits of this case. Further, this Court’s May 25, 1999, 459 Mich. 998, denial order was interlocutory. Jurisdiction is not retained. Court of Appeals No. 215889.