Holding that "just as in Driver, '[a]pplying MCL 600.2301 in the present case would deprive [defendants] of [their] statutory right to a timely NOI followed by the appropriate notice waiting period' "
This Court denied the defendants' subsequent application for leave to appeal. Zwiers v. Growney, 486 Mich. 1058, 783 N.W.2d 514 (2010). Three Justices would have reversed the Court of Appeals for the reasons stated in the dissenting statement in Ellout v. Detroit Med. Ctr., 486 Mich. 1058, 783 N.W.2d 388 (2010).
