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COSTA v. COMMUNITY EMERGENCY MED. SERV., INC.

Docket Nos. 127334, 127335.

716 N.W.2d 236 (2006)

475 Mich. 403

Richard COSTA and Cindy Costa, Plaintiffs-Appellants, Cross-Appellees. v. COMMUNITY EMERGENCY MEDICAL SERVICES, INC., Dave Henshaw, Scott Meister, Defendants-Appellees, Cross-Appellants. and Donald Farenger and Lisa M. Schultz, Defendants-Appellees.

Supreme Court of Michigan.

June 28, 2006.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), and Barbara A. Patek, P.L.C. (by Barbara A. Patek), Royal Oak, Mt. Clemens, for the plaintiffs.

Galbraith & Booms (by Henry L. Gordon and Steven B. Galbraith), Southfield, for Community Emergency Medical Services, Inc., and Dave Henshaw and Scott Meister.

Secrest Wardle (by Janet Callahan Barnes) (Allen J. Kovinsky and Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. [by Edward D. Plato], of counsel), Farmington Hills, Southfield, Farmington Hills, for Donald Farenger and Lisa M. Schultz.

Michael H. Loomis, Mt. Clemens, for Donald Farenger.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick J. O'Brien and Ann M. Sherman, Assistant Attorneys General, Lansing, for amicus curiae the Attorney General.

PER CURIAM.

The question presented is whether medical malpractice defendants who have asserted the defense of governmental immunity must nonetheless file an affidavit of meritorious defense pursuant to MCL 600.2912e. Because governmental immunity is a complete defense to such a suit, we hold that where a plaintiff has otherwise failed to overcome the barrier of governmental immunity, such defendants are relieved from the...

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