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SABATINI v. MARCUZ

Docket No. 60672.

122 Mich. App. 494 (1983)

332 N.W.2d 512

SABATINI v. MARCUZ

Michigan Court of Appeals.

Decided January 19, 1983.

Attorney(s) appearing for the Case

Levine & Benjamin, P.C. (by Barbara A. Pinkerton), for plaintiffs.

MacArthur & Cheatham (by Brian J. Doren), for defendants Marcuz and DiMusto.

Schureman, Frakes, Glass & Wulfmeier (by Edward C. Reynolds, Jr.), for defendant Kripke.

Kitch, Suhrheinrich, Smith, Saurbier & Drutchas, P.C. (by Donald A. Ducastel), for defendant St. Joseph Hospital of Mt. Clemens.

Before: M.F. CAVANAGH, P.J., and N.J. KAUFMAN and R.A. BENSON, JJ.

R.A. BENSON, J.

Plaintiffs appeal as of right from the trial court's order in a medical malpractice case granting defendants' motion for accelerated judgment based on the medical malpractice arbitration act. MCL 600.5040 et seq.; MSA 27A.5040 et seq.

Plaintiffs claim that the arbitration agreement is invalid because: (1) the arbitration agreement constitutes an unenforceable contract of adhesion; (2) the agreement is unconscionable since the...

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