THOMAS v. STUBBS

Docket No. 174778.

553 N.W.2d 634 (1996)

218 Mich. App. 46

Estate of Baby Girl McDowell, deceased, and Estate of Baby Boy McDowell, deceased, by Monica THOMAS, Personal Representative, Plaintiff-Appellant, v. James W. STUBBS, M.D., Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 30, 1996, at 9:05 a.m.

Released for Publication September 27, 1996.


Attorney(s) appearing for the Case

Thurswell, Chayet & Weiner by Kevin J. Cox and Tammy J. Reiss, Southfield, for plaintiff-appellant.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. by John E. McSorley and David M. Shafer, Detroit, for defendant-appellee.

Before MURPHY, P.J., and MARKMAN and K.V. FINK, JJ.


MARKMAN, Judge.

Plaintiff appeals as of right a circuit court order granting defendant's motion for summary disposition in this wrongful death action. We reverse and remand.

According to plaintiff's complaint, in January 1990 she delivered twins at approximately twenty weeks' gestation who lived "momentarily," then died. She alleged that the premature delivery resulted from a failure to diagnose and treat an incompetent cervix. She filed the present wrongful...

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