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JENKINS v. PATEL

Docket No. 123957. Calendar No. 9.

684 N.W.2d 346 (2004)

471 Mich. 158

Margaret JENKINS, as Personal Representative of the Estate of Mattie Howard, Deceased, Plaintiff-Appellee, v. Jayesh Kumar PATEL, M.D., and Comprehensive Health Services, Inc., a Michigan Corporation, doing business as The Wellness Plan, Jointly and Severally, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 26, 2004.

Attorney(s) appearing for the Case

Ira B. Saperstein, P.C. (by Ira B. Saperstein), Southfield, MI, for the plaintiff.

Grier & Copeland, P.C. (by Wilson Copeland), and Kitch Drutchas Wagner DeNardis & Valitutti (by Susan Healty Zitterman), Detroit, MI, for the defendants.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Michael J. Fraleigh, Assistant Attorney General, for the Commissioner of the Office of Insurance and Financial Services and Rehabilitator of the Wellness Plan.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree), Lansing, MI, for ProNational Insurance Company and Michigan Health and Hospital Association.

Kerr, Russell and Weber, P.L.C. (by Richard D. Weber and Joanne Geha Swanson), Detroit, MI, for Michigan State Medical Society.

OPINION

MARKMAN, J.

We granted leave to appeal to consider whether the medical malpractice noneconomic damages cap, M.C.L. § 600.1483(1), applies to a wrongful death action where the underlying claim is medical malpractice. The jury awarded plaintiff $10 million in noneconomic damages. The trial court denied defendants' motion for remittitur or a new trial, concluding that the medical malpractice noneconomic damages cap does not apply to wrongful death...

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