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MARKLEY v. OAK HEALTH CARE INVESTORS OF COLDWATER, INC.

Docket No. 230056.

660 N.W.2d 344 (2002)

255 Mich. App. 245

Robert MARKLEY, Sr., as Personal Representative of the Estate of Sally Markley, Plaintiff-Appellee, v. OAK HEALTH CARE INVESTORS OF COLDWATER, INC., d/b/a Laurels of Coldwater, f/k/a Carriage Inn Convalescent Center, and Leona Elliott, L.P.N., Defendants-Appellants.

Court of Appeals of Michigan.

Decided February 7, 2003, at 9:00 a.m.

Released for Publication April 18, 2003.

Attorney(s) appearing for the Case

Worsham, Victor & Ahmad, P.C. (by Richard B. Worsham), Southfield, for the plaintiff.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), Bloomfield Hills, for the defendants.

Before: MURPHY, P.J., and SAWYER and DANHOF, JJ.

MURPHY, P.J.

In this wrongful death action involving medical malpractice, defendants appeal as of right from a $354,133 judgment entered in favor of plaintiff following a jury trial to determine damages. Defendants maintain that the judgment should have been reduced to reflect plaintiff's earlier settlement with Community Health Center (Community) that was reached in a separate action. In the alternative, defendants argue that the statutory limit on noneconomic damages...

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