Order Michigan Supreme Court
Lansing, Michigan
December 14, 2007 Clifford W. Taylor,
Chief Justice
130318 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ROBERT COSTA, Personal Robert P. Young, Jr.
Representative of the Estate of Stephen J. Markman,
Justices
Jayne J. Costa, Deceased,
Plaintiff-Appellant,
v SC: 130318
COA: 256673
Washtenaw CC: 02-001480-NH
OTTO GAGO, M.D.,
Defendant-Appellee,
and
MICHIGAN HEART & VASCULAR
INSTITUTE, INC., and ST. JOSEPH
MERCY HOSPITAL, ANN ARBOR,
a/k/a TRINITY HEALTH MICHIGAN,
Defendants.
_________________________________________/
By order of April 13, 2007, the application for leave to appeal the December 6,
2005 judgment of the Court of Appeals was held in abeyance pending the decision in
Mullins v St Joseph Mercy Hosp (Docket No. 131879). On order of the Court, the case
having been decided on November 28, 2007, ___ 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, REINSTATE the order of the
Washtenaw Circuit Court denying the defendant's motion for summary disposition, and
REMAND this case to the Washtenaw Circuit Court for further proceedings not
inconsistent with this order and the order in Mullins.
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.
December 14, 2007 _________________________________________
l1211 Clerk