Opinion
SC: 162549 COA: 348790
08-22-2023
Colleen LAVALLEY and Robert LaValley, Plaintiffs-Appellants, v. ST. MARY MERCY HOSPITAL, a/k/a Trinity Health-Michigan, Freedom Medical Clinic, PC, and Jay M. Daitch, M.D., Defendants-Appellees, and Michigan Neurodiagnostics, PC, and Saleem Tahir, M.D., Defendants.
Order
By order of October 20, 2021, the application for leave to appeal the December 22, 2020 judgment of the Court of Appeals was held in abeyance pending the decision in Markel v William Beaumont Hosp (Docket No. 163086). On order of the Court, the case having been decided on December 7, 2022, 510 Mich 1071, 982 N.W.2d 151 (2022), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals. We do not disturb the Court of Appeals ruling in Part IV regarding the sufficiency of the first notice of intent, but we VACATE Parts III, V, and VI of the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of Markel and Bowman v St John Hospital & Medical Center , 508 Mich. 320, 972 N.W.2d 812 (2021). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.