Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
134011 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JUNE UMBARGER, Personal Representative of Robert P. Young, Jr.
the Estate of Orpha Tower, Deceased, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 134011
COA: 264699
Eaton CC: 04-001695-NO
HAYES GREEN BEACH MEMORIAL
HOSPITAL CORPORATION,
Defendant-Appellee.
_________________________________________/
On order of the Court and on the court’s own motion, we VACATE our order
dated December 14, 2007. By order of September 24, 2007, the application for leave to
appeal the March 1, 2007 judgment of the Court of Appeals was held in abeyance
pending the decision in Mullins v St Joseph Mercy Hosp (Docket No. 131879). The case
having been decided on November 28, 2007, 480 Mich ___ (2007), 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 because the plaintiff falls within the
class of plaintiffs entitled to relief identified in our order in Mullins, supra. We
REMAND this case to the Eaton Circuit Court for entry of an order denying the
defendant’s motion for summary disposition and 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 1, 2008 _________________________________________
l0129 Clerk