Order Michigan Supreme Court
Lansing, Michigan
December 14, 2007 Clifford W. Taylor,
Chief Justice
130484 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BONNIE AMON, Successor Personal Robert P. Young, Jr.
Representative of the Estate of Ann Marie Stephen J. Markman,
Justices
Samodell, Deceased,
Plaintiff-Appellant,
v SC: 130484
COA: 260252
Oakland CC: 2002-046057-NH
BOTSFORD GENERAL HOSPITAL,
and ROBERT F. SCHIRMER, D.O.,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
By order of April 13, 2007, the application for leave to appeal the December 27,
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
Oakland Circuit Court denying the defendants' motion for summary disposition, and
REMAND this case to the Oakland 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 question 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.
December 14, 2007 _________________________________________
l1211 Clerk