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NBD BANK v. BARRY

Docket No. 190428.

566 N.W.2d 47 (1997)

223 Mich. App. 370

NBD BANK, N.A. TRUST DIVISION, Personal, Representative of the Estate of Victoria A. Rountree, Deceased, Plaintiff-Appellant, v. Michael S. BARRY, D.O., Defendant-Appellee, and Grand Traverse Community Hospital, Sally Miller, D.O., James R. Johnson, D.O., William A. Schnurr, D.O., Osteopathic Surgeons, P.C., Robert C. Schwert, D.O., and Timothy L. Burke, M.D., Jointly and Severally, Defendants-Non-Parties.

Court of Appeals of Michigan.

Decided May 9, 1997, at 9:10 a.m.

Released for Publication July 16, 1997.

Attorney(s) appearing for the Case

Law Offices of George Constantine by Steven J. Pitzer, Northville, for plaintiff-appellant.

Willingham & Cote, P.C. by Eleanor E. Lynn, East Lansing, for defendant-appellee.

Before FITZGERALD, P.J., and MacKENZIE and TAYLOR, JJ.

PER CURIAM.

Plaintiff appeals as of right an order granting summary disposition pursuant to MCR 2.116(C)(10) to defendant, Michael S. Barry, D.O., in this medical malpractice action. We affirm.

In this case, we are presented with the issue whether a doctor who is contacted by a patient's treating physician to discuss treatment alternatives owes a duty of care to the patient whose case is discussed. In a factually similar case, Hill v. Kokosky,

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