Estate of Jeanette Hutchings v. Tammy Gleeson Do ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
June 5, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146319 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
CHERYL K. STREET, Personal Representative Justices
of the Estate of JEANETTE HUTCHINGS,
Plaintiff-Appellee,
v SC: 146319
COA: 306162
Calhoun CC: 2010-002336-NH
TAMMY GLEESON, D.O.,
Defendant-Appellee,
and
ABEDELKARIM KHALIL ABUSHMAIES,
M.D. and VHC, P.C., d/b/a VASCULAR
HEALTH CENTER,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the October 30, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REINSTATE the order of the Calhoun Circuit Court dismissing the complaint. Contrary
to the Court of Appeals opinion, the trial court did consider the factors listed in Vicencio
v Ramirez, 211 Mich App 501 (1995), and the plaintiff’s failure to comply with discovery
requests in the 2008 case was relevant to the court’s decision under factor 2. When all of
the facts of this case are considered, the trial court’s decision was within the range of
principled outcomes.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 5, 2013
d0529
Clerk