KORPAL v. Shaheen

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