Brian Potter v. Richard C McLeary Md

Order Michigan Supreme Court Lansing, Michigan July 31, 2009 Marilyn Kelly, Chief Justice 7 March 2009 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan 136336 & (121) Robert P. Young, Jr. 136338-39 Stephen J. Markman Diane M. Hathaway, Justices BRIAN POTTER, Plaintiff-Appellant, SC: 136336, 136338-39 v COA: 262529, 263538 Washtenaw CC: 03-001226-NH RICHARD C. McLEARY, M.D., GARY AUGUSTYN, M.D., ST. JOSEPH MERCY HOSPITAL ANN ARBOR, d/b/a TRINITY HEALTH-MICHIGAN, ROBERT DOMEIER, D.O., and EMERGENCY PHYSICIANS MEDICAL GROUP, P.C., Defendants, and KRISTYN H. MURRY, M.D., and HURON VALLEY RADIOLOGY, P.C., Defendants-Appellees. _______________________________________ This cause having been brought to this Court by appeal from the decision of the Court of Appeals and having been argued by counsel and due deliberation having been had thereon by the Court, IT IS HEREBY ORDERED that the judgment of the Court of Appeals is REVERSED and the cause is REMANDED to the Circuit Court for the County of Washtenaw for further proceedings in conformity with the opinion filed herein. The order holding abeyance the application for leave to appeal in Potter v McLeary (Docket Numbers 136338-39) is VACATED and the application for leave to appeal is DENIED. The motion by Cardiovascular Clinical Associates, P.C., for leave to file a brief amicus curiae is GRANTED. 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. September 1, 2009 _________________________________________ Clerk