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BOODT v. BORGESS MEDICAL CENTER

Docket No. 266217.

728 N.W.2d 471 (2006)

272 Mich. App. 621

Melissa BOODT, as Personal Representative of the Estate of David Waltz, Deceased, Plaintiff-Appellant, v. BORGESS MEDICAL CENTER, Michael Andrew Lauer, M.D., and Heart Center for Excellence, P.C., Defendant-Appellees, and Michael Andrew Lauer, M.D., P.C., Defendant.

Court of Appeals of Michigan.

Decided October 31, 2006, at 9:05 a.m.

Released for Publication February 20, 2007.

Attorney(s) appearing for the Case

Turner & Turner, P.C. (by Matthew L. Turner), Southfield, for Melissa Boodt.

Smith Haughey Rice & Roegge (by William L. Henn and Carol D. Carlson), Grand Rapids, for Borgess Medical Center.

Willingham & Coté, P.C. (by Curtis R. Hadley and James L. Dalton), East Lansing, for Michael A. Lauer, M.D.; and Heart Center, for Excellence, P.C.

Before: WHITE, P.J., WHITBECK, C.J., and DAVIS, J.

DAVIS, J.

Plaintiff appeals as of right the trial court's order dismissing her wrongful death, medical malpractice claim pursuant to MCR 2.116(C)(7) and (C)(8). The trial court dismissed this action with prejudice because it found plaintiff's notice of intent to sue, MCL 600.2912b, inadequate, resulting in the suit being untimely. We reverse the dismissal will respect to the individual doctor, we affirm the dismissal with...

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