|
No. 134445, 134446
| Eric A. Braverman, Successor Personal |
|
Allan S. Falk |
| Representative of the Estate of Patricia Swann, |
|
|
| Deceased, |
|
|
Plaintiff-Appellee, |
|
|
| v |
(Appeal from Ct of Appeals) |
|
|
(Wayne - Curtis, D.) |
|
|
| Garden City Hospital, a/k/a Garden City |
|
|
| Hospital, Osteopathic, |
|
|
Defendant, |
|
Jeffrey Feikens |
| and |
|
|
| John R. Schairer, D.O., Gary Yashinsky, M.D., |
|
Robert G. Kamenec |
| Abhinav Raina, M.D., and Providence Hospital |
|
|
| and Medical Centers, Inc., |
|
|
Defendants-Appellants. |
|
|
| __________________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Plaintiff-Appellee's Reply Brief>>
Defendant's Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Michigan Association for Justice's Amicus Curiae Brief>>
Michigan Defense Trial Counsel's Amicus Curiae Brief>>
Background
The initial personal representative in this medical malpractice case served the defendants with a pre-suit notice of intent to file a lawsuit under MCL 600.2912b, but resigned without filing a complaint. Eric Braverman, the successor personal representative, filed the medical malpractice complaint. The defendants moved to dismiss the case, arguing that the complaint was untimely because it was not filed within two years of the first personal representative’s appointment. The trial court denied the motion. The Court of Appeals agreed with the trial court that the complaint was timely, but also exercised its discretion to address the defendants’ contention that, under Verbrugghe v Select Specialty Hosp-Macomb Co, Inc, 270 Mich App 383 (2006), Braverman could not rely on the notice of intent filed by the first personal representative. The Court of Appeals panel declared a conflict with Verbrugghe, and a conflict panel was convened to examine Verbrugghe and the Court of Appeals decision in this case. In a published decision, the Court of Appeals conflict panel agreed that the complaint was timely. It also held that Braverman was entitled to rely on the notice filed by his predecessor under provisions of the Estates and Protected Individuals Code, MCL 700.3701. The defendants appeal.
Top of Page
|
