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LANDELIUS v. SACKELLARES

Docket Nos. 104203, 104204, 104946.

556 N.W.2d 472 (1996)

453 Mich. 470

Larry LANDELIUS, as Conservator of the Estate of Joseph Landelius, a Minor, Plaintiff-Appellant, v. J. Chris SACKELLARES, Defendant-Appellee, and Sharon Amor, Defendant. Larry LANDELIUS, as Conservator of the Estate of Joseph Landelius, a Minor, Plaintiff-Appellant, v. BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, Defendant-Appellee. Larry LANDELIUS, as Conservator of the Estate of Joseph Landelius, a Minor, Plaintiff-Appellant, v. Peter Lynn RAFKO, Defendant-Appellee.

Supreme Court of Michigan.

December 17, 1996.

Attorney(s) appearing for the Case

Ferriby & Houston by Robert L. Ferriby, Jr., and Susan J. Zbikowski, Detroit, for plaintiff-appellant.

Sullivan, Ward, Bone, Tyler & Asher, P.C. by Michelle A. Thomas and Scott D. Feringa, Southfield, for defendants-appellees Board of Regents of the University of Michigan and Sackellares.

Ready, Sullivan & Ready, LLP by Christina D. Hills, Monroe, for defendant-appellee Rafko.

OPINION

PER CURIAM.

The pivotal issue in these cases is whether a defendant who discloses his medical records in an automobile-negligence action may later assert the physician-privilege of M.C.L. § 600.2157; M.S.A. § 27A.2157 in a related lawsuit to which he is not a party. We hold that, in these circumstances, the defendant is estopped to assert the privilege with regard to medical records previously disclosed.

I

In October 1988...

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