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SYMONS v. PRODINGER

Docket No. 137768. COA No. 269663.

768 N.W.2d 317 (2009)

Kelly Sue SYMONS, Personal Representative of the Estate of Daniel A. Symons, Plaintiff-Appellant, v. Dr. Robert J. PRODINGER, Dale Russell, P.A., and Battle Creek Emergency Room Physicians, P.C., Defendants-Appellees, and Battle Creek Health Systems, Defendant.

Supreme Court of Michigan.

July 28, 2009.

Order

On order of the Court, the application for leave to appeal the November 13, 2008 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 we REINSTATE the Calhoun Circuit Court's order denying defendant Dr. Robert Prodinger's motion for judgment notwithstanding the verdict. The trial court instructed the jury that its decision as to defendant Dale...

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