Order Michigan Supreme Court
Lansing, Michigan
April 30, 2008 Clifford W. Taylor,
Chief Justice
133717 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ERIC KORPAL and MARY KORPAL, Robert P. Young, Jr.
Plaintiffs-Appellants, Stephen J. Markman,
Justices
v SC: 133717
COA: 266418
Saginaw CC: 03-049832-NH
SAMUEL J. SHAHEEN, M.D., MIDWESTERN
SURGICAL ASSOCIATES, P.C., and
COVENANT HEALTHCARE,
Defendants,
and
STEPHEN A. MESSANA, D.O., SCOTT
CHENEY, M.D., and ADVANCED
DIAGNOSTIC IMAGING, P.C.,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the December 28, 2006
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
CAVANAGH, WEAVER, and KELLY, JJ., would reverse the portion of the judgment
of the Court of Appeals that dismissed the plaintiffs' additional claims regarding the chest
x-rays with prejudice, because the dismissal should have been without prejudice. See
Kirkaldy v Rim, 478 Mich 581 (2007). They would remand this case to the trial court for
entry of an order dismissing the plaintiffs' additional claims without prejudice.
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.
April 30, 2008 _________________________________________
l0423 Clerk