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ST. LUKE'S HOSP. v. GIERTZ

Docket No. 107884, Calendar No. 10.

581 N.W.2d 665 (1998)

458 Mich. 448

ST. LUKE'S HOSPITAL, a Michigan Non-Profit Corporation, Plaintiff-Appellee, v. Tamarra J. GIERTZ, Personal Representative of the Estate of A. Timothy Truman, M.D., Deceased, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 30, 1998.

Rehearing Denied September 11, 1998.

Attorney(s) appearing for the Case

Kitch, Drutchas, Wagner & Kenney, P.C. by Susan Healy Zitterman, Detroit, for plaintiff-appellee.

Fordney & Prine by Andrew W. Prine, P.C., Saginaw, for defendant-appellant.

Opinion

MICHAEL F. CAVANAGH, Justice.

In this case, we are asked to decide whether the plaintiff may proceed with a separate indemnification action against the defendant after settling the underlying complaint for active and passive negligence, despite failing to obtain summary disposition in regard to its active negligence or give the defendant an opportunity to participate in the settlement negotiations of the underlying complaint. We hold that it may...

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