Order Michigan Supreme Court
Lansing, Michigan
May 27, 2008 Clifford W. Taylor,
Chief Justice
132882 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JOHN VANDE LUYSTER, as Robert P. Young, Jr.
Personal Representative of the Stephen J. Markman,
Justices
Estate of Angelyn Vande Luyster,
Deceased,
Plaintiff-Appellant,
v SC: 132882
COA: 257046
Ottawa CC: 02-042262-NH
BARTHOLOMEW D. SAK, M.D.
and DONALD M. FIX, M.D.,
Defendants-Appellees,
and
HOLLAND COMMUNITY
HOSPITAL,
Defendant.
_________________________________________/
By order of November 29, 2007, the application for leave to appeal the November
28, 2006 judgment of the Court of Appeals was held in abeyance pending the decision in
Braverman v Garden City Hospital (Docket Nos. 134445-6). On order of the Court, the
case having been decided on April 9, 2008, 480 Mich 1159 (2008), the application is
again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal,
we REVERSE the judgment of the Court of Appeals and REMAND this case to the
Ottawa Circuit Court for reinstatement of the complaint. The plaintiff is within the class
of plaintiffs identified in this Court's order in Mullins v St Joseph Mercy Hosp, 480 Mich
948 (2007). Furthermore, as noted in Braverman, supra, the decision in Lindsey v
Harper Hospital, 455 Mich 56 (1997), is no longer controlling; thus, the plaintiff had an
additional two years in which to file the complaint.
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.
May 27, 2008 _________________________________________
l0519 Clerk