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WASHINGTON v. SINAI HOSP. OF GREATER DETROIT

Docket No. 130641. Calendar No. 1.

733 N.W.2d 755 (2007)

478 Mich. 412

Eula WASHINGTON, as Personal Representative of the Estate of Lisa B. Griffin, Plaintiff-Appellee, v. SINAI HOSPITAL OF GREATER DETROIT, d/b/a Sinai-Grace Hospital, Detroit Medical Center, Dr. Kunta, Thomas Piskorowski, D.O., and Dr. Alsayad, Defendants-Appellants.

Supreme Court of Michigan.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Robin H. Kyle, Detroit, for the plaintiff.

Tanoury, Corbet, Shaw, Nauts & Essad (by Linda M. Garbarino, Anita Comorski, and Kenneth M. Essad), Detroit, for the defendants.

Donald M. Fulkerson, Westland, for amici curiae Michigan Trial Lawyers Association.

Kerr, Russell and Weber, P.L.C. (by Joanne Geha Swanson and Daniel J. Schulte), Detroit, for amici curiae Michigan State Medical Society.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), Bloomfield Hills, for amici curiae American Physicians Assurance Corporation.

Kitch Drutchas Wagner Valitutti & Sherbrook (by Susan Healy Zitterman and Anthony G. Arnone), Detroit, for amici curiae Masoon Ahmad, M.D. and Michigan Hospitalist, P.C.

Feikens, Stevens, Kennedy & Galbraith, P.C. (by Lee A. Stevens and Jeffrey Feikens), Detroit, for amici curiae Henry Ford Health System and Michael S. Eichenhorn, M.D.

Sullivan, Ward, Asher & Patton (by Ronald S. Lederman and Nicole K. Nugent), Southfield, for amici curiae Vencor Hospital.

CORRIGAN, J.

This medical malpractice case presents the question whether a successor personal representative of a decedent's estate is barred from filing a subsequent complaint by the doctrine of res judicata when the initial personal representative filed a complaint that was involuntarily dismissed. The Court of Appeals held that the successor representative's complaint was not barred by res judicata because a grant of summary disposition on statute of limitations...

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