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SZYSZLO v. AKOWITZ

Docket No. 299570.

818 N.W.2d 424 (2012)

296 Mich. App. 40

SZYSZLO v. AKOWITZ.

Court of Appeals of Michigan.

Decided March 22, 2012, at 9:05 a.m.

Attorney(s) appearing for the Case

Frederic M. Rosen, P.C. (by Frederic M. Rosen and Steffani Chocron , Detroit), and Bendure & Thomas, Detroit (by Mark R. Bendure ) for Joseph Szyszlo.

Lipson, Neilson, Cole, Seltzer & Garin, P.C., Bloomfield Hills (by Karen A. Smyth and Mark E. Phillips ), for Leigh Akowitz.

Tanoury, Nauts, McKinney & Garbarino, P.L.L.C., Detroit (by Linda M. Garbarino and David R. Nauts ), for A. Heinrich, Mable Alverson, and Trinity Health-Michigan.

Saurbier & Siegan, P.C., St. Clair Shores (by Marc D. Saurbier ), for Joffer Hussein Hakim, M.D., and Bloomfield Anesthesia, P.C.

Before: SHAPIRO, P.J., and WHITBECK and MURRAY, JJ.

PER CURIAM.

Plaintiff appeals from the trial court's order granting defendants' motions for summary disposition and dismissing plaintiff's medical malpractice suit. The trial court found that at the time plaintiff filed suit, the sole party having an interest in the medical malpractice claim was the trustee of plaintiff's bankruptcy estate. Given this finding, the trial court held that plaintiff lacked the legal capacity to sue on the claim. Plaintiff appeals as of...

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