Order Michigan Supreme Court
Lansing, Michigan
April 25, 2008 Clifford W. Taylor,
Chief Justice
135705 & (22) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
JAYNE A. HALL, Personal Representative of the Maura D. Corrigan
Estate of KEITH HALL, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 135705
COA: 276814
Monroe CC: 05-020901-NH
MERCY MEMORIAL HOSPITAL
CORPORATION and DR. JEFFREY W.
COUTURIER,
Defendants,
and
DR. SUDJONO KOSIM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 25, 2007
order of the Court of Appeals is 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. As opined
by the dissenting judge in the Court of Appeals, a remand for consideration of Kirkaldy v
Rim, 478 Mich 581 (2007), is unnecessary. We REMAND this case to the Court of
Appeals for consideration as on leave granted. The motion for stay is GRANTED. Trial
court proceedings are stayed pending the completion of this appeal.
KELLY, J., agrees that a remand to the trial court for consideration of Kirkaldy v
Rim, 478 Mich 581 (2007), is unnecessary, but would not remand this case to the Court
of Appeals for consideration as on leave granted. Rather, she would simply deny leave in
all other respects and remand this case to the trial court for reinstatement of its order
denying the defendant doctor’s motion for summary disposition.
CAVANAGH, J., joins the statement of KELLY, J.
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 25, 2008 _________________________________________
p0422 Clerk