Order Michigan Supreme Court
Lansing, Michigan
September 26, 2007 Clifford W. Taylor,
Chief Justice
134445 Michael F. Cavanagh
134446 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
ERIC A. BRAVERMAN, Successor Justices
Personal Representative of the
Estate of Patricia Swann, Deceased,
Plaintiff-Appellee,
v SC: 134445, 134446
COA: 264029, 264091
Wayne CC: 05-502345-NH
GARDEN CITY HOSPITAL, a/k/a
GARDEN CITY HOSPITAL,
OSTEOPATHIC,
Defendant,
and
JOHN R. SCHAIRER, D.O., GARY
YASHINSKY, M.D., ABHINA V.
RAINA, M.D., and PROVIDENCE
HOSPITAL AND MEDICAL
CENTERS, INC.,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the June 5, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues to be briefed: (1) whether there are any
circumstances, other than the expiration of the three-year ceiling in MCL 600.5852,
under which the appointment of a successor personal representative would not trigger the
start of a new two-year savings period, despite Eggleston v Bio-Medical Applications of
Detroit, Inc, 468 Mich 29 (2003), and (2) whether a successor personal representative
may rely on a notice of intent filed by a predecessor personal representative.
The Clerk of the Court is directed to place this case on the January 2008 session
calendar for argument and submission. Appellants' brief and appendix must be filed no
2
later than November 16, 2007, and appellee's brief and appendix, if appellee chooses to
submit an appendix, must be filed no later than December 17, 2007.
The Michigan Association for Justice and the Michigan Defense Trial Counsel,
Inc., are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
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.
September 26, 2007 _________________________________________
l0919 Clerk