Tina Lupi Smith v. Trinity Health-Michigan ( 2008 )

Order Michigan Supreme Court
Lansing, Michigan
May 27, 2008 Clifford W. Taylor,
Chief Justice
131958-131960 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
TINA LUPI SMITH, Successor Robert P. Young, Jr.
Personal Representative of the Stephen J. Markman,
Justices
Estate of Barbara Lupi,
Plaintiff-Appellee,
v SC: 131958-131960
COA: 266635, 266636, 266701
Washtenaw CC: 02-000013-NM
TRINITY HEALTH-MICHIGAN, 05-000143-NH
d/b/a ST. JOSEPH MERCY
HOSPITAL,
Defendant-Appellant,
and
THOMAS O'KEEFE, M.D.,
Defendant.
_________________________________________/
By order of November 29, 2007, the application for leave to appeal the July 18,
2006 judgment of the Court of Appeals was held in abeyance pending the decision in
Braverman v Garden City Hospital (Docket Nos. 134445-6). On order of the Court, the
case having been decided on April 9, 2008, 480 Mich 1159 (2008), the application is
again considered, and in lieu of granting leave to appeal, we REMAND this case to the
Court of Appeals for consideration of the other issues raised in the defendant's
application to that court. In all other respects, leave to appeal is DENIED, because we
are not persuaded that the questions presented should be reviewed by this Court.
I, Corbin R. Davis, 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.
May 27, 2008 _________________________________________
l0519 Clerk