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CLERC v. CHIPPEWA CTY. WAR MEM. HOSP.

Docket No. 254940.

705 N.W.2d 703 (2005)

267 Mich. App. 597

Richard T. CLERC, Personal Representative of the Estate of Saralyn M. Clerc, Deceased, Plaintiff-Appellant, v. CHIPPEWA COUNTY WAR MEMORIAL HOSPITAL and Robert Baker, M.D., Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 4, 2005, at 9:05 a.m.

Released for Publication November 10, 2005.

Attorney(s) appearing for the Case

Turner & Turner, P.C. (by Matthew L. Turner) (Bendure & Thomas, by Mark R. Bendure, of counsel), Southfield, Detroit, for Richard T. Clerc.

Kitch Drutchas Wagner Denardis & Valitutti (by Susan Healy Zitterman and Susan Douglas MacGregor), Detroit, for Chippewa County War Memorial Hospital.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), Bloomfield Hills, for Robert Baker, M.D.

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

O'CONNELL, J.

In this medical malpractice action, plaintiff appeals as of right an order striking plaintiff's expert witness testimony and granting defendants' motion for summary disposition under MCR 2.116(C)(10). We vacate and remand.

Plaintiff's decedent sought medical treatment for symptoms that were consistent with pneumonia. In July 1997, defendant Robert Baker, M.D., a radiologist, reviewed an x-ray of the decedent's chest and lungs. At that time, Dr...

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