Hoffman v. Barrett

490 Mich. 890

804 N.W.2d 317

Beth HOFFMAN, Personal Representative of the Estate of Edgar Brown, Deceased, Plaintiff–Appellee,

v.Dr. Peter BARRETT, Defendant–Appellant.

Docket No. 141407.COA No. 289011.

Supreme Court of Michigan.

Oct. 24, 2011.

Prior report: 288 Mich.App. 536, 794 N.W.2d 67.

Order

By order of November 22, 2010, the application for leave to appeal the June 3, 2010 judgment of the Court of Appeals was held in abeyance pending the decisions in Ligons v. Crittenton Hosp (Docket No. 139978) and Green v. Pierson (Docket No. 140808).

On order of the Court, the application for leave to appeal in Green v. Pierson having been denied on March 18, 2011, 489 Mich. 854, 794 N.W.2d 841 (2011), and the case of Ligons v. Crittenton Hosp. having been decided on July 29, 2011, 490 Mich. 61, 803 N.W.2d 271 (2011), the application is again considered and, pursuant to MCR 7.302(H), in lieu of granting leave to appeal, we VACATE the Court of Appeals opinion and REMAND this case to that court for reconsideration in light of this Court's decision in Ligons, supra.

MICHAEL F. CAVANAGH, J., dissents for the reasons set forth in his dissenting opinion in Ligons v. Crittenton Hosp., 490 Mich. 61, 90–97, 803 N.W.2d 271 (2011).