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HAMILTON v. KULIGOWSKI

Docket No. 244126.

684 N.W.2d 366 (2004)

261 Mich.App. 608

Shirley HAMILTON, personal representative of the Estate of Rosalie Ackley, Plaintiff/Cross-Appellee/Appellant, and Blue Cross Blue Shield, Intervening Plaintiff, v. Mark F. KULIGOWSKI, D.O., Defendant/Cross-Appellant/Appellee.

Court of Appeals of Michigan.

Decided April 22, 2004, at 9:05 a.m.

Released for Publication July 7, 2004.

Attorney(s) appearing for the Case

McKeen & Associates, P.C. (by Brian J. McKeen and Ramona C. Howard), Detroit, for Shirley Hamilton.

Smith Bovill, P.C. (by Stephan M. Gaus), Saginaw, for Mark F. Kuligowski, D.O.

Before: O'CONNELL, P.J., and JANSEN and MURRAY, JJ.

O'CONNELL, P.J.

Plaintiff1 appeals as of right an order granting defendant's motion for a directed verdict. We reverse. According to the complaint defendant failed to identify the decedent as a high-risk stroke patient, "undertake a prompt work up" for stroke, and "make an urgent referral" after the decedent experienced pre-stroke symptoms. A jury trial commenced on April 30, 2002.

On the fourth day of trial, plaintiff called her...

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