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VEGA v. LAKELAND HOSPITALS AT NILES AND ST. JOSEPH, INC.

Docket No. 253739.

705 N.W.2d 389 (2005)

267 Mich. App. 565

Jodie VEGA, Conservator of the Estate of Jeffrey Hurley, a Minor, Plaintiff-Appellant, v. LAKELAND HOSPITALS AT NILES AND ST. JOSEPH, INC., St. Joseph Medical Association, P.C. and Beth Vanderah and Michael Speers, Co-Personal Representatives of the Estate of David Alan Speers, M.D., Defendants-Appellees.

Court of Appeals of Michigan.

Decided July 28, 2005, at 9:00 a.m.

Released for Publication October 26, 2005.

Attorney(s) appearing for the Case

Charfoos & Christensen, P.C. (by David R. Parker), Detroit and Michael D. Marrs, P.C. (by Michael D. Marrs), St. Joseph, for Jodie Vega.

Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg and William L. Henn), Grand Rapids, for Lakeland Hospitals at Niles and St. Joseph, Inc.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree), Lansing, for Beth Vanderah, Michael Speers, and St. Joseph Medical Association, P.C.

Before: HOEKSTRA, P.J. and JANSEN and KIRSTEN FRANK KELLY, JJ.

KIRSTEN FRANK KELLY, J.

In this medical malpractice action, plaintiff appeals as of right the trial court's order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(7) on the basis that the statutory period of limitations expired before plaintiff filed her complaint. We affirm, holding that M.C.L. § 600.5851(1) and (7) unambiguously exclude medical malpractice claimants from the disability grace period and this exclusion does not violate...

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