Thelma Johnson v. Hurley Medical Group Pc

Order Michigan Supreme Court
Lansing, Michigan
June 17, 2011 Robert P. Young, Jr.,
Chief Justice
141793 Michael F. Cavanagh
Marilyn Kelly
THELMA JOHNSON, Personal Representative Stephen J. Markman
Diane M. Hathaway
of the Estate of CARL JOHNSON, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 141793
COA: 287587
Genesee CC: 00-069254-NH
HURLEY MEDICAL GROUP, P.C., doing
business as HURLEY MEDICAL CENTER,
Defendant-Appellee,
and
DR. MOONGILMADUGU INBA-VASHVU, M.D.,
Defendant-Appellant,
and
KENNETH JORDAN, M.D.,
Defendant.
_________________________________________/
By order of February 7, 2011, the application for leave to appeal the August 12,
2010 judgment of the Court of Appeals was held in abeyance pending the decision in
Green v Pierson (Docket No. 140808). On order of the Court, leave to appeal having
been denied in Green on March 18, 2011, ___ Mich ___ (2011), the application is again
considered. We direct the Clerk to schedule oral argument on whether to grant the
application or take other action, limited to the issues whether MCL 600.2301 applies to
cases initiated before the amendment of MCL 600.5856 in 2004 and whether the plaintiff
in this case should have been allowed to amend her notice of intent. MCR 7.302(H)(1).
The parties may file supplemental briefs regarding those issues within 42 days of the date
of this order, but they should not submit mere restatements of their application papers.
The Michigan Association for Justice and the Michigan Defense Trial Counsel,
Inc. are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
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.
June 17, 2011 _________________________________________
d0614 Clerk