Braverman v. GARDEN CITY HOSPITAL

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