Order Michigan Supreme Court
Lansing, Michigan
December 14, 2007 Clifford W. Taylor,
Chief Justice
130452 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MARSHALL POWELL, JR., Individually, Robert P. Young, Jr.
and MARSHALL POWELL, JR., and Stephen J. Markman,
Justices
BARBARA JARRELLS, Co-Personal
Representatives of the Estate of FLORCIE
MAE POWELL, Deceased,
Plaintiffs-Appellants,
v SC: 130452
COA: 263639
Wayne CC: 04-407872-NH
OAKWOOD HEALTHCARE, INC.,
d/b/a OAKWOOD ANNAPOLIS
HOSPITAL, ALOK SHUKLA, M.D., and
JAMES NEUENSCHWANDER, M.D.,
Defendants-Appellees.
_________________________________________/
By order of April 13, 2007, the application for leave to appeal the December 22,
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 and REMAND this case to the
Wayne 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.
CAVANAGH, J., not participating, due to a familial relationship with counsel of
record.
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