1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 685 N.W.2d
  5. 685 N.W.2d 275 (2004)
 

SHINHOLSTER v. ANNAPOLIS HOSP.

Docket Nos. 123720, 123721. Calendar No. 8.

685 N.W.2d 275 (2004)

471 Mich. 540

Estate of Betty Jean SHINHOLSTER, Deceased, by Johnnie E. Shinholster, Personal Representative, Plaintiff-Appellee, v. ANNAPOLIS HOSPITAL, assumed name for Oakwood United Hospitals, Inc., Defendant-Appellant, and Dennis Adams, M.D. and Mary Ellan Flaherty, M.D., Defendants. Estate of Betty Jean Shinholster, Deceased, by Johnnie E. Shinholster, Personal Representative, Plaintiff-Appellee, v. Katherine Adams, Personal Representative of the Estate of Dennis Adams, M.D., and Mary Ellen Flaherty, M.D., Defendants-Appellants, and Annapolis Hospital, assumed name for Oakwood United Hospitals, Inc., Defendant.

Supreme Court of Michigan.

Decided July 30, 2004.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto) [Royal Oak, MI], and the Thurswell Firm (by Judith A. Susskind) [Southfield, MI] for the plaintiff.

Tanoury, Corbet, Shaw & Nauts (by Linda M. Garbarino) [Detroit, MI] and Dolenga & Dolenga, P.L.L.C. (by Michael D. Dolenga) [Bingham Farms, MI], for Annapolis Hospital.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree) [Lansing, MI], for Mary Ellen Flaherty, M.D., and Katherine Adams, Personal Representative of the Estate of Dennis E. Adams, M.D., deceased.

Kerr, Russell and Weber, PLC (by Richard D. Weber and Joanne Geha Swanson) [Detroit, MI], for Michigan State Medical Society.

Robert W. Powell [Dearborn, MI], for Ford Motor Company.

Opinion

MARKMAN, J.

We granted leave to appeal to consider the following three issues: (1) whether, and to what extent, MCL 600.6304 permits a trier of fact in a medical malpractice action to consider the plaintiff's own pre-treatment negligence to offset, at least in part, the defendant's fault; (2) whether the medical malpractice noneconomic damages cap of MCL 600.1483 applies to a wrongful death action based on an underlying claim of medical malpractice...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases