Wyatt v. OAKWOOD HOSPITAL AND MEDICAL CENTERS

Order Michigan Supreme Court Lansing, Michigan February 19, 2008 Clifford W. Taylor, Chief Justice 135123 Michael F. Cavanagh 135124 Elizabeth A. Weaver 135125 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices LISA D. WYATT, Successor Personal Representative of the Estate of William Nolan Wyatt, Deceased, Plaintiff-Appellant, v SC: 135123, 135124, 135125 COA: 263370, 263372, 263375 Wayne CC: 04-402043-NH OAKWOOD HOSPITAL AND MEDICAL CENTERS, a/k/a OAKWOOD HEALTHCARE, INC., PARVEZ KAHN, M.D., and THOMAS AUSTIN CHAPEL, M.D., Defendants-Appellants. _________________________________________/ On order of the Court, the application for leave to appeal the September 11, 2007 judgment 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 and REINSTATE the order of the Wayne Circuit Court denying the defendants' motions for summary disposition because the plaintiff's predecessor is within the class of plaintiffs identified in this Court's order in Mullins v St Joseph Mercy Hospital (Docket No. 131879), 480 Mich 948 (decided 11/28/07). We REMAND this case to the Wayne Circuit Court for further proceedings not inconsistent with this order and the order in Mullins. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. 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. February 19, 2008 _________________________________________ l0211 Clerk