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FARLEY v. ADVANCED CARDIOVASCULAR HEALTH SPECIALISTS, P.C.

Docket Nos. 256776, 256799 and 257988.

703 N.W.2d 115 (2005)

266 Mich. App. 566

Elizabeth FARLEY, as Personal Representative of the Estate of Franklin Farley, Deceased, Plaintiff-Appellee, v. ADVANCED CARDIOVASCULAR HEALTH SPECIALISTS, P.C., Defendant, and Garden City Osteopathic Hospital, Defendant-Appellant. Elizabeth Farley, as Personal Representative of the Estate of Franklin Farley, Deceased, Plaintiff-Appellee, v. Advanced Cardiovascular Health Specialists, P.C., Defendant-Appellant, and Garden City Osteopathic Hospital, Defendant (Two Cases).

Court of Appeals of Michigan.

Decided May 26, 2005, at 9:10 a.m.

Released for Publication August 3, 2005.

Attorney(s) appearing for the Case

McKeen & Associates, P.C. (by Euel W. Kinsey), Detroit, for Elizabeth Farley.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), Bloomfield Hills, and Hebert, Eller, Chandler & Reynolds, P.L.L.C. (by Kevin P. Hanbury), Detroit, for Advanced Cardiovascular Health Specialists, P.C.

Feikens, Stevens, Kennedy & Galbraith, P.C. (by Jon Feikens and Michael Barey), Detroit, for Garden City Hospital.

Before: WHITBECK, C.J., and ZAHRA and OWENS, JJ.

PER CURIAM.

I. Overview

In these consolidated appeals, defendants Garden City Hospital and Advanced Cardiovascular Health Specialists, P.C., appeal by leave granted the denial of their motions for summary disposition, in which they argued that plaintiff Elizabeth Farley's medical malpractice wrongful death suit was untimely filed. The trial court ruled that, because Farley filed a notice of intent during the two-year period in which the wrongful death saving...

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