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JENKINS v. PATEL

Docket No. 233116.

688 N.W.2d 543 (2004)

263 Mich. App. 508

Margaret JENKINS, Personal Representative of the Estate of Mattie Howard, Deceased, Plaintiff-Appellee, v. Jayesh Kumar PATEL and Comprehensive Health Services, d/b/a The Wellness Plan, Defendants-Appellants.

Court of Appeals of Michigan.

Decided September 7, 2004, at 9:00 a.m.

Released for Publication October 28, 2004.

Attorney(s) appearing for the Case

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

Grier and Copeland (by Dora A. Brantley) and Kitch Drutchas Wagner DeNardis & Valitutti (by Susan Healy Zitterman), Detroit, for Jayesh K. Patel and Comprehensive Health Services.

Before: COOPER, P.J., and MURPHY and KIRSTEN FRANK KELLY, JJ.

ON REMAND

MURPHY, J.

This appeal, involving the medical-malpractice cap on noneconomic damages found in M.C.L. § 600.1483 (damages cap), is before us on remand from the Michigan Supreme Court "for consideration of the constitutional issues raised by plaintiff, which were not resolved by the Court of Appeals in light of its analysis of the statutory issue." Jenkins v. Patel, 471 Mich. 158, 174,

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