Order Michigan Supreme Court
Lansing, Michigan
December 14, 2007 Clifford W. Taylor,
Chief Justice
134295 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BETH HOFFMAN, Personal Robert P. Young, Jr.
Representative of the Estate of Stephen J. Markman,
Justices
Edgar Brown, Deceased,
Plaintiff-Appellant,
v SC: 134295
COA: 258982
Calhoun CC: 03-003576-NH
PETER BARRETT and BATTLE
CREEK HEALTH SYSTEMS,
Defendants-Appellees.
_________________________________________/
By order of October 29, 2007, the application for leave to appeal the May 22, 2007
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 Calhoun 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.
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