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FOURNIER v. MERCY COMMUNITY HEALTH CARE SYSTEM-PORT HURON

Docket No. 236157.

657 N.W.2d 550 (2002)

254 Mich. App. 461

Mary Kay FOURNIER, Personal Representative of the Estate of Donald M. Fournier, Deceased, Plaintiff-Appellee/Cross-Appellee, v. MERCY COMMUNITY HEALTH CARE SYSTEM-PORT HURON, Defendant-Appellant, and Peter J. Clive, M.D. and X-Ray Associates of Port Huron, Defendants/Cross-Appellants.

Court of Appeals of Michigan.

Decided December 20, 2002, at 9:10 a.m.

Released for Publication March 7, 2003.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Johnson, P.C. (by Geoffrey N. Fieger, Arnold J. Matusz, and Tammy J. Reiss), Southfield, for Mary K. Fournier.

Blake, Kirchner, Symonds, MacFarlane, Larson & Smith, P.C. (by Meria E. Larson and Francis J. Lagrou), Detroit, for Mercy Community Health Care System-Port Huron.

Feikens, Stevens, Kennedy & Galbraith, P.C. (by Linda M. Galbraith), Detroit, for Peter J. Clive, M.D., and X-ray Associates of Port Huron.

Before: HOOD, P.J. and SMOLENSKI and MICHAEL J. KELLY, JJ.

MICHAEL J. KELLY, J.

Defendant Mercy Community Health Care System-Port Huron appeals by leave granted and defendants Peter J. Clive, M.D., and X-ray Associates of Port Huron cross appeal an order denying their motion for summary disposition.1 This appeal is being decided without oral argument pursuant to MCR 7.214(E). We reverse.

I. Basic Facts and Procedural History

The parties...

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