CUDNIK v. WM BEAUMONT HOSP

Docket No. 156623.

207 Mich. App. 378 (1994)

525 N.W.2d 891

CUDNIK v. WILLIAM BEAUMONT HOSPITAL

Michigan Court of Appeals.

Decided November 7, 1994, at 9:20 A.M.


Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Susanne Pryce), for the plaintiff.

Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Michelle A. Thomas and Thomas M. Slavin), for the defendant.

Before: DOCTOROFF, C.J., and SHEPHERD and J.R. KIRWAN, JJ.


DOCTOROFF, C.J.

Presenting an issue of first impression in Michigan, this case involves the validity of an exculpatory agreement executed by plaintiff's decedent before receiving radiation therapy at defendant hospital. The trial court granted summary disposition to defendant on the ground that "[p]laintiff's decedent signed a valid release of liability between the parties." We reverse and remand for further proceedings.

In March and April, 1985, Joseph Cudnik...

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