Order Michigan Supreme Court
Lansing, Michigan
May 12, 2006 Clifford W. Taylor,
Chief Justice
128864 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
PATRICIA A. PAPPAS, Personal Maura D. Corrigan
Representative of the Estate of Robert P. Young, Jr.
Florinda C. Pappas, Deceased, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 128864
COA: 251144
Macomb CC: 2003-002446-NH
BORTZ HEALTH CARE FACILITIES,
INC., and WARREN GERIATRIC
VILLAGE, INC., d/b/a BORTZ HEALTH
CARE OF WARREN,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the March 3, 2005
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should now be reviewed by this Court.
CAVANAGH and KELLY, JJ., would grant leave to appeal.
MARKMAN, J., dissents and states as follows:
For the reasons set forth in my statement in Vega v Lakeland Hosps at Niles & St
Joseph, Inc (Docket No. 129436), ___ Mich ___ (2006), I would grant leave to appeal in
this case along with Vega to consider whether MCL 600.5851(1) applies to medical
malpractice actions.
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.
May 12, 2006 _________________________________________
l0509 Clerk