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McKINSTRY v. VALLEY OB.-GYN. CLINIC, PC

Docket Nos. 77531, 78140, (Calendar Nos. 7-8).

428 Mich. 167 (1987)

405 N.W.2d 88

McKINSTRY v. VALLEY OBSTETRICS-GYNECOLOGY CLINIC, PC GUERTIN v. MARRELLA

Supreme Court of Michigan.

Decided May 8, 1987.

Attorney(s) appearing for the Case

Charfoos & Christensen, P.C. (by Sharon S. Lutz and David R. Parker), for plaintiffs McKinstry.

Colista, Urso, Adams & Dettmer, P.C. (by Constance J. Allen), for plaintiff Guertin.

McGraw & Borchard, P.C. (by Patrick J. McGraw), for defendant Valley Obstetrics-Gynecology Clinic, P.C.

Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Stephen M. Kelley and Susan Healy Zitterman), for defendant Saginaw General Hospital.

Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C. (by Robert D. Brignall), for defendant Marrella.

Franklin, Bigler, Berry & Johnston, P.C. (by Lisa C. DeGryse), for defendants Bauder and Hutzel Hospital.

Amici Curiae:

Kerr, Russell & Weber (by Louis G. Corey and Richard D. Weber) for Michigan State Medical Society.

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw) for Michigan Trial Lawyers Association.

GRIFFIN, J.

The two cases before us are representative of a conflict that exists in this state among courts as well as litigants. The principal issue is usually posed in terms of who must bear the "burden of proof" in establishing the validity (or invalidity) of an arbitration agreement signed pursuant to the Medical Malpractice Arbitration Act, MCL 600.5040 et seq.; MSA 27A.5040 et seq. (MMAA).

Because the Legislature in fashioning the MMAA...

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