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EGGLESTON v. BIO-MEDICAL APP. OF DETROIT, INC.

Docket No. 223666.

645 N.W.2d 279 (2001)

248 Mich. App. 640

Dennis EGGLESTON, as Personal Representative of the Estate of Louisa Eggleston, Deceased, Plaintiff-Appellant, v. BIO-MEDICAL APPLICATIONS OF DETROIT, INC., and Fresenius Medical Care, Defendants-Appellees, and James Lawson, D.O., and James Lawson, D.O., P.C., Defendants.

Court of Appeals of Michigan.

Decided December 11, 2001, at 9:05 a.m.

Released for Publication March 6, 2002.

Attorney(s) appearing for the Case

Thomas W. Elkins, Keego Harbor, for the plaintiff.

Feikens, Stevens, Kennedy & Galbraith, P.C. (by Jon Feikens), Detroit, for the defendants.

Before: HOEKSTRA, P.J., and SAAD and WHITBECK, JJ.

SAAD, J.

Plaintiff, Dennis Eggleston, as personal representative of the estate of Louisa Eggleston, deceased, appeals as of right from the October 25, 1999, order granting defendants Bio-Medical Applications of Detroit, Inc., and Fresenius Medical Care's motion for summary disposition. We affirm.

I. Nature of the Case

In this medical malpractice case, we address an issue of first impression regarding the wrongful death "saving" provision that suspends...

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