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POTTER v. McLEARY

Docket Nos. 262529, 263538.

732 N.W.2d 600 (2007)

274 Mich. App. 222

Brian POTTER, Plaintiff-Appellee, v. Richard C. McLEARY, M.D., Gary Augustyn, M.D., Robert Domeier, D.O., Emergency Physicians Medical Group, P.C, and St. Joseph Mercy Hospital Ann Arbor, d/b/a Trinity Health-Michigan, Defendants, and Kristyn H. Murry, M.D. and Huron Valley Radiology, P.C., Defendants-Appellants. Brian Potter, Plaintiff-Appellee, v. Richard C. McLeary, M.D., Kristyn H. Murry, M.D., Gary Augustyn, M.D. Huron Valley Radiology, P.C., and St. Joseph Mercy Hospital Ann Arbor, d/b/a Trinity Health-Michigan, Defendants, and Robert Domeier, D.O. and Emergency Physicians Medical Group, P.C., Defendants-Appellants.

Court of Appeals of Michigan.

Decided February 6, 2007, at 9:10 a.m.

Released for Publication May 14, 2007.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), and Erlich, Rosen & Bartnick, P.C. (by J. Martin Bartnick), Southfield, for Brian Potter.

Siemion, Huckabay, Bodary, Padilla, Morganti & Bowerman, P.C. (by Susan J. Zbikowski), Southfield, for Robert Domeier, D.O.; and Emergency Physicians Medical Group.

Foley, Baron & Metzger, PLLC (by Judith A. Sherman and Carole S. Empey), Ann Arbor, for St. Joseph Mercy Hospital Ann Arbor.

Chapman and Associates, P.C. (by Ronald W. Chapman, Brian J. Richtarcik, and David B. Mammel), Bloomfield Hills, for Kristyn Murry, M.D.; and Huron Valley Radiology, P.C.

Before: WILDER, P.J., and ZAHRA and DAVIS, JJ.

WILDER, P.J.

In these consolidated appeals, defendants appeal by leave granted the trial court's orders denying their motions for summary disposition pursuant to MCR 2.116(C)(7). The dispositive issue on appeal in this medical malpractice action is whether plaintiff's affidavits of merit complied with the requirements of MCL 600.2912d. Because they did not, we reverse.

The alleged malpractice took place on June 7, 2001. The statute of limitations in medical...

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