HOFFMAN v. BARRETT, 141407 (Mich. 10-24-2011)

804 N.W.2d 317

BETH HOFFMAN, Personal Representative of the Estate of EDGAR BROWN, Deceased, Plaintiff-Appellee, v. DR. PETER BARRETT, Defendant-Appellant.

No. 141407.Supreme Court of Michigan.
October 24, 2011.

Order

SC: 141407, COA: 289011, Calhoun CC: 2003-003576-NH

By order of November 22, 2010, the application for leave to appeal the June 3, 2010 judgment of the Court of Appeals was held in abeyance pending the decisions in Ligons v Crittenton Hosp
(Docket No. 139978) and Green v Pierson (Docket No. 140808).

On order of the Court, the application for leave to appeal i Green v Pierson having been denied on March 18, 2011, 489 Mich 854 (2011), and the case of Ligons v Crittenton Hosp having been decided on July 29, 2011, 490 Mich 61 (2011), the application is again considered and, pursuant to MCR 7.302(H), in lieu of granting leave to appeal, we VACATE the Court of Appeals opinion and REMAND this case to that court for reconsideration in light of this Court’s decision i Ligons, supra.

CAVANAGH, J., dissents for the reasons set forth in his dissenting opinion in Ligons v Crittendon Hosp, 490 Mich 61, 90-97 (2011).

MARILYN KELLY, J., would grant leave to appeal to reconside Ligons v Crittendon Hosp, 490 Mich 61 (2011).

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