This аppeal is from a directed verdict of no cause of action. The defendant below-filed a cross-appeal from a denial of a motion for accelеrated judgment on another issue, in an apparent strategy to secure the results he desired, regardless of the outcome of the original appeal.
On April 1, 1964, the plaintiff wife and defendant were drivers of two of the automobiles involved in a three-car auto accident on a busy urban street. Defendant undisputedly came to a quicker-than-usual stop in thе centermost lane of the westbound lanes on this multi-lane main artery of traffic. Plaintiff wife, who was driving the auto immediately behind the defendant, was able to avoid striking defendant’s auto by raрidly applying the brakes and turning slightly into the next westbound lane. If there had been but these two autos on the street, no collision would have occurred. However, a third westbound auto crashed into the rear of plaintiffs’ auto and forced it into the rear of defendant’s auto. Therefore, instead of a near miss of a collision, what resulted was a three-car collision with substantial property damage to the autos and claimed personal injuries.
Action was commenced in Oakland county in September, 1964, against both the defendant and the third party. In April, 1965, the case against the third party was dismissed upon stipulation, after *493 an ont-of-conrt settlement. In December, 1965, the insurance company — subrogee of the plaintiffs in this action — brought an action in the common pleas court for the city of Detroit against the defendant in this action and the third party, for property damages. The common pleas action resulted in a ruling of no cause of action against the defendant ■here, and fixed liability only upon the third party. The defendant made a motion for accelerated judgment on the theory that the common pleas action was res judicata. This motion was denied. After the opening statements of counsel in the trial of this ease, defendant made a motion for a directed verdict • of no cause of action. A directed verdict was granted by the trial judge, who gave the following opinion:
“From this and the opening statement wholly speаking, the [defendant’s] car came to a sudden stop. This was followed by the stopping of the [plaintiffs’] car behind, and the [defendant’s] and [plaintiffs’] vehicles did not collide. If there had been no [third party] car, there would be no case in court between [defendant] and [plaintiffs]. There is a case in court because the [third party] car admittedly, after the stop аnd non-contact of the [defendant’s] and [plaintiffs’] cars, collided with the [plaintiffs’] car, forcing it into the stopped [defendant’s] car.
“On this version of the facts which I believe is that alleged and portrayed by the plaintiffs, the motion must be granted as a matter of law, and it is.
“I am reluctant to grant the motion, because courts no more have a right to invade the province of the triers of the facts than do the triers of the facts to invade the province of the judge in the law. Certainly, I recognize if the [plaintiffs’] car had suffered damage beсause of a sudden, illegal, stop of the [defendant’s] car, then that could be a prox *494 imate cause contended for in liability. Bnt then I reflect upon the fact that the [defendant’s] and [plaintiffs’] cars stood there without harm to each other, whether for seconds or longer, and then the damage began flowing and was occasioned when the [third party’s] cаr collided with the [plaintiffs’] car.”
Plaintiffs challenge the ruling that as a matter of law the defendant was not guilty of negligence which was the proximate cause of the accident, bеcause plaintiff wife was able to avoid a collision with the defendant. Plaintiffs therefore seek a new trial, in which the negligence of the defendant and its causal relationshiр to the accident would go to the trier of the facts. In the event of a reversal on the basis of plaintiffs’ theory, defendant’s cross-appeal would renew the theory that thе circuit court action was controlled by the common pleas case under the principles of res judicata and the rule against splitting causes of action.
On the first issue, the defendant’s brief concentrates on the facts and is totаlly devoid of legal citations. While defendant’s treatment of this issue is not conclusive proof that no precedents were available to him to buttress his argument, the cases decided on this issue are markedly one-sided.
*
A driver stopping on the highway has the statutory duty to first see that the stop can be made in safety, OLS 1961, § 257.648 (Stat Ann 1960 Rev § 9.2348), with the question of whether the statutory duty was pеrformed being a question of fact.
Linaberry
v.
LaVasseur
(1960),
A closer question is presented on the issue of whether the previous common pleas case served as a bar to this case through estoppel by judgment. There is little question that the general rule is that valid decisions of inferior courts can be
res judicata,
see 50 CJS Judgments § 689, p 146, and in order to avoid vexatious multiple suits against defendants there is a deeply ingrained bias in the law against splitting of actions.
Jones
v.
Chambers
(1958),
Also raised is the issue of whether it was proper for the jury to know of the settlement with the third party. The precеdent of this state is that it was not only proper, but that the jury should be informed of such a settlement.
Larabell
v.
Schuknecht
(1944),
The judgment of no cause of action is reversed and this case is remanded for a new trial. Costs to plaintiffs-appellants.
Notes
For an impressive collection of precedent on this issue, see Annotation, Sudden or unsignaled stop or slowing of motor vehicle as negligence, 29 ALE2d 5 (1953).