Order Michigan Supreme Court
Lansing, Michigan
October 24, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
141407 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
BETH HOFFMAN, Personal Representative of Brian K. Zahra,
Justices
the Estate of EDGAR BROWN, Deceased,
Plaintiff-Appellee,
v SC: 141407
COA: 289011
Calhoun CC: 2003-003576-NH
DR. PETER BARRETT,
Defendant-Appellant.
_________________________________________/
By order of November 22, 2010, the application for leave to appeal the June 3,
2010 judgment of the Court of Appeals was held in abeyance pending the decisions in
Ligons v Crittenton Hosp (Docket No. 139978) and Green v Pierson (Docket No.
140808).
On order of the Court, the application for leave to appeal in Green v Pierson
having been denied on March 18, 2011, 489 Mich 854 (2011), and the case of Ligons v
Crittenton Hosp having been decided on July 29, 2011, 490 Mich 61 (2011), the
application is again considered and, pursuant to MCR 7.302(H), in lieu of granting leave
to appeal, we VACATE the Court of Appeals opinion and REMAND this case to that
court for reconsideration in light of this Court’s decision in Ligons, supra.
CAVANAGH, J., dissents for the reasons set forth in his dissenting opinion in
Ligons v Crittendon Hosp, 490 Mich 61, 90-97 (2011).
MARILYN KELLY, J., would grant leave to appeal to reconsider Ligons v
Crittendon Hosp, 490 Mich 61 (2011).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 24, 2011 _________________________________________
d1017 Clerk