Opinion
SC 165375 SC 165379(67) COA 357511 COA 358134
10-28-2024
BETHANY ZEHEL, Individually and as Personal Representative of the ESTATE OF ROWYN VASQUEZ, Plaintiff-Appellant/Cross-Appellee, v. CLARK EDWARD NUGENT, M.D., JUSTIN JUNN, M.D., ALICE MAY CHI, M.D., and ANGELA SIMMEN KELLEY, M.D., Defendants-Appellees/Cross-Appellants, and DEBORAH BERMAN, M.D., Defendant. BETHANY ZEHEL, Individually and as Personal Representative of the ESTATE OF ROWYN VASQUEZ, Plaintiff-Appellee, v. CLARK EDWARD NUGENT, M.D., DEBORAH BERMAN, M.D., JUSTIN JUNN, M.D., ALICE MAY CHI, M.D., and ANGELA SIMMEN KELLEY, M.D., Defendants-Appellants.
Washtenaw CC: 19-000388-NH
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By orders of September 5, 2023 and September 22, 2023, the applications for leave to appeal the December 1, 2022 judgment of the Court of Appeals and the application for leave to appeal as cross-appellants were held in abeyance pending the decisions in Danhoff v Fahim, MD (Docket No. 163120 ) and Daher v Prime Healthcare Services-Garden City, LLC (Docket No. 163577). On order of the Court, Danhoff having been decided on July 8, 2024, __ Mich. __ (2024), and Daher have been decided on July 30, 2024, __ Mich. ___ (2024), the applications and the application for leave to appeal as cross-appellants are again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Sections III and IV of the judgment of the Court of Appeals, as well as the corresponding parts of Section VI, and REMAND this case to that court for reconsideration in light of Danhoff and Daher.
We do not retain jurisdiction.