ROSS v. ROTH

Docket No. 61371.

131 Mich. App. 57 (1983)

345 N.W.2d 602

ROSS v. ROTH

Michigan Court of Appeals.

Decided September 1, 1983.


Attorney(s) appearing for the Case

Zeff & Zeff (by Thomas F. Campbell), for plaintiffs.

Vandeveer, Garzia, Tonkin, Kerr & Heaphy, P.C. (by Edmund M. Brady, Jr.), for defendants Roth and Sellers.

Kitch, Suhrheinrich, Smith, Saurbier & Drutchas, P.C. (by Paul L. Kaliszewski), for Holy Cross Hospital.

Kerr, Russell & Weber (by Patrick McLain and Joanne Geha Swanson), for defendant Wheatley.

Before: J.H. GILLIS, P.J., and D.E. HOLBROOK, JR., and GRIBBS, JJ.


PER CURIAM.

Plaintiffs Dorothy Ross (hereinafter plaintiff) and Joseph Ross commenced a medical malpractice action on March 12, 1981, against defendants Harvey G. Roth, D.O., Bruce T. Wheatley, M.D., John D. Sellers, D.O., and Holy Cross Hospital of Detroit, Inc. This was the second such lawsuit filed by plaintiffs. The first action was commenced on August 28, 1980, but was subsequently dismissed without prejudice for failure to serve any of the defendants within...

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