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SMITH v. BOTSFORD GENERAL HOSP.

No. 00-71459.

309 F.Supp.2d 927 (2004)

Andrea SMITH, Personal Representative of the Estate of Kelly Snider Smith, Plaintiff, v. BOTSFORD GENERAL HOSPITAL, Defendant.

United States District Court, E.D. Michigan, Southern Division.

March 8, 2004.

Attorney(s) appearing for the Case

Geoffrey N. Fieger, Fieger, Fieger, Jody Lipton, Marc E. Lipton, Lipton Law Center, Southfield, MI, for Plaintiff.

Ernest R. Bazzana, Plunkett & Cooney (Mount Clemens), Mount Clemens, MI, Jeffrey Feikens, Linda M. Galbraith, Feikens, Stevens, Detroit, MI, Robert G. Kamenec, Bloomfield Hills, MI, Steven B. Galbraith, Galbraith & Booms, Southfield, MI, for Defendant.

DECISION AND ORDER ON DEFENDANT'S MOTION FOR REMITTITUR AND/OR NEW TRIAL

COHN, District Judge.

I.

A.

This is an action under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (EMTALA), tried to a jury under Michigan's Wrongful Death Act, M.C.L. § 600.2922. Plaintiff Andrea Smith (Smith), the Executor of the Estate of Kelly Snider Smith, claims that defendant Botsford General Hospital (Botsford) transferred...

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