Order Michigan Supreme Court
Lansing, Michigan
January 22, 2008 Clifford W. Taylor,
Chief Justice
135056 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DESIREE L. KIMPSON, Personal Robert P. Young, Jr.
Representative of the Estate of Stephen J. Markman,
Justices
Jean Carole Benjamin, Deceased,
Plaintiff-Appellee,
v SC: 135056
COA: 269253
Oakland CC: 2002-044309-NH
BOTSFORD GENERAL HOSPITAL,
and JOHN PARMELY, D.O.,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the October 9, 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
because the plaintiff falls within the class of plaintiffs entitled to relief identified in our
order in Mullins v St Joseph Mercy Hospital (Docket No. 131879), ___ Mich ___
(decided 11/28/07). We REMAND this case to the Oakland Circuit Court for entry of an
order denying the defendants' 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.
January 22, 2008 _________________________________________
l0114 Clerk