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