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VANDENBERG v. VANDENBERG

Docket No. 198176.

586 N.W.2d 570 (1998)

231 Mich. App. 497

Beverly VANDENBERG, as Independent Personal Representative of the Estate of George T. VandenBerg, deceased, Plaintiff-Appellant, v. Peter M. VANDENBERG, M.D. and Holland Surgical Associates, P.C., a Michigan Professional Corporation, jointly and severally, Defendants-Appellees, and County of Ottawa d/b/a North Ottawa Community Hospital, Raymond B. Shearer, D.O., David T. Ottenbaker, M.D., Donald Sikkema, M.D., and Internal Medicine Associates of Grand Haven, P.C., a Michigan Professional Corporation, jointly and severally, Defendants.

Court of Appeals of Michigan.

Decided September 8, 1998, at 9:05 a.m.

Released for Publication December 10, 1998.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Stephen N. Leuchtman and Richard D. Toth, Southfield for Beverly VandenBerg.

Kerr, Russell and Weber, P.L.C. by Joanne Geha Swanson, Detroit, and Hackney & Grover by Loretta B. Subhi, East Lansing, for Peter M. VanderBerg M.D., and Holland Surgical Associates, P.C.

Before McDONALD, P.J., and SAWYER and HOEKSTRA, JJ.

McDONALD, P.J.

In this medical malpractice case, plaintiff appeals by leave the trial court's order granting summary disposition to defendants on the basis of plaintiff's failure to file an affidavit of merit with her complaint. We reverse.

On September 29, 1995, plaintiff filed a complaint alleging defendants' medical malpractice resulted in the death of decedent, her husband. It is undisputed that at the time the complaint was filed, it was not accompanied...

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