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MAYS v. SCHELL

Docket No. 253816.

706 N.W.2d 892 (2005)

268 Mich. App. 432

Patricia MAYS, Plaintiff-Appellee, v. Gerald SCHELL, M.D., and Saginaw Valley Neurosurgery, P.C., Defendants-Appellants, and St. Mary's Medical Center of Saginaw, Defendant.

Court of Appeals of Michigan.

Decided October 13, 2005, at 9:20 a.m.

Released for Publication December 27, 2005.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Samuel A. Meklir and Richard G. Brewer), Southfield, for the Patriia Mays.

Collins, Einhorn, Farrell & Ulanoff, P.C. (by Noreen L. Slank and Regina T. Delmastro), Southfield, for Gerald Schell, M.D.; and Saginaw Valley Neurosurgery, P.C.

Before: COOPER, P.J., and BANDSTRA and KELLY, JJ.

KELLY, J.

In this medical malpractice case, defendants appeal by leave granted the trial court's order granting plaintiff's motion for a new trial on the basis of evidence not admitted at trial being submitted to the jury. We vacate the order granting a new trial.

I. Facts

Defendant Gerald Schell, M.D., performed two back surgeries on plaintiff. Plaintiff alleged that Dr. Schell's failure to render timely and effective treatment resulted in her paralysis...

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