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JOZWIAK v. N. MICH. HOSPS., INC.

Docket No. 191691.

586 N.W.2d 90 (1998)

231 Mich. App. 230

Sandra K. JOZWIAK, Guardian of the Estate of Mark Coultes, Plaintiff-Appellant, and Anida BURD, Next Friend of Sierra Coultes, Mark Coultes, Douglas Coultes and Shayler Coultes, Intervening Plaintiffs/Cross-Appellants, v. NORTHERN MICHIGAN HOSPITALS, INC. and Burns Clinic Medical Center, P.C., Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 14, 1998, at 9:25 a.m.

Released for Publication November 18, 1998.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Stanley S. Schwartz a Richard D. Fox, Southfield, for Sandra K. Jozwiak.

Donn Hubbell, Cadillac, for Anida Burd.

Smith, Haughey, Rice & Roege by Elizabeth Roberts VerHey and Lance R. Mather, Grand Rapids, for Northern Michigan Hospitals, Inc. and Burns Clinic Medical Center.

Before YOUNG, P.J., and MICHAEL J. KELLY and DOCTOROFF, JJ.

YOUNG, Presiding Judge.

This is the second appeal in this case. Previously, the trial court dismissed plaintiffs' medical malpractice action against defendants under MCR 2.116(C)(7) on the ground that the action was barred by a valid arbitration agreement. This Court reversed and remanded for an evidentiary hearing. Jozwiak v. Northern Michigan Hosps. Inc., 207 Mich.App. 161, 166, 524 N.W.2d 250 (1994). Following a...

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