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TOBIAS v. PHELPS

Docket No. 78233.

144 Mich. App. 272 (1985)

375 N.W.2d 365

TOBIAS v. PHELPS

Michigan Court of Appeals.

Decided July 15, 1985.

Attorney(s) appearing for the Case

Charfoos, Christensen & Archer, P.C. (by Adrienne G. Southgate), for plaintiff.

Taub, Still, Nemier & Winter, P.C. (by Craig L. Nemier and Donald J. Trybus), for Shirley J. Phelps.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Patrick J. Devlin, Assistant Attorney General, for Douglas A. Devens.

Before: R.B. BURNS, P.J., and SHEPHERD and B.A. JASPER, JJ.

SHEPHERD, J.

Plaintiff appeals as of right from the dismissal of his medical malpractice claim against defendants, Dr. Shirley J. Phelps and Dr. Douglas A. Devens. The trial court held that plaintiff had failed to plead facts in avoidance of governmental immunity. GCR 1963, 117.2(1). We reverse this decision in part, and remand for further proceedings. Defendant Phelps cross-appeals from the trial court's denial of defendants' motion for summary judgment as to plaintiff...

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