Docket Nos. 80577, 81532, 81775.

157 Mich. App. 570 (1986)

403 N.W.2d 463


Michigan Court of Appeals.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw), for plaintiffs.

Kerr, Russell & Weber (by Daniel G. Beyer), for H. Rex Holloway, Jr., D.O., and Professional Center Clinic, P.C.

MacArthur, Cheatham, Acker & Smith (by Brian J. Doren), for H.C. Orth, D.O.

Cozadd, Shangle, Smith & Andrews (by John R. Day and John C. Schweickert), for Seaway Hospital.

Before: WAHLS, P.J., and R.B. BURNS and M.E. DODGE, JJ.


This is a medical malpractice action. Defendants appeal by leave granted from the trial court's denial of their motions to compel arbitration. We reverse.

On August 16, 1979, a total abdominal hysterectomy was performed on Paula Mariani (hereafter plaintiff) at Seaway Hospital. The previous day, plaintiff had executed an arbitration agreement with respect to any claims arising out of health care provided by the hospital or defendant physicians...

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