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SMITH v. HENRY FORD HOSP.

Docket No. 184333.

557 N.W.2d 154 (1996)

219 Mich. App. 555

Eric SMITH, Court Appointed Independent Personal Representative of the Estate of Harvey Gardner, Deceased, and Carol Gardner, Plaintiffs-Appellees, v. HENRY FORD HOSPITAL, a/k/a Henry Ford Health System, a Michigan corporation, and Scott Kaatz, D.O., jointly and severally, Defendants-Appellants.

Court of Appeals of Michigan.

Decided October 25, 1996, at 9:00 a.m.

Released for Publication January 2, 1997.

Attorney(s) appearing for the Case

Meklir, Nolish, Friedman & Saperstein, P.C. by Samuel A. Meklir, Southfield, for plaintiffs-appellees.

Sullivan, Ward, Bone, Tyler & Asher, P.C. by Sheri B. Cataldo, Southfield, for defendants-appellants.

Before CAVANAGH, P.J., and MURPHY and C.W. SIMON, Jr., JJ.

PER CURIAM.

Defendants appeal by leave granted the trial court's order ruling that the appointment of a personal representative for the estate of Harvey Gardner should relate back to the filing of the complaint. We reverse and remand for proceedings consistent with this opinion.

The facts of this case are essentially undisputed. On March 9, 1994, a complaint was filed alleging that defendants negligently failed to diagnose the prostate cancer of the named...

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