ESTATE OF McDOWELL v. STUBBS

No. 107028, COA No. 174778.

564 N.W.2d 463 (1997)

ESTATE OF Baby Girl McDOWELL, Deceased, and Estate of Baby Boy McDowell, Deceased, by Monica Thomas, Personal Representative, Plaintiff-Appellee, v. James W. STUBBS, M.D., Defendant-Appellant.

Supreme Court of Michigan.

June 26, 1997.


On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the judgment of the Wayne Circuit Court. As the Court of Appeals noted: "... plaintiff did not dispute that the twins were not viable at the time of delivery; rather she focused on her claim that they were `born alive.'" 218 Mich.App. 46

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