DEBRA E RODRIQUEZ V JAMES A RUTHERFORD
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STATE OF MICHIGAN
COURT OF APPEALS
DEBRA E. RODRIQUEZ, Personal Representative of
the Estate of AMATTO J. RODRIQUEZ, Deceased
UNPUBLISHED
February 27, 1998
Plaintiff-Appellant,
v
JAMES A. RUTHERFORD, M.D., JOHN G.
CRABILL, SOUTHWESTERN MEDICAL CLINIC,
P.C., LAKELAND REGIONAL HEALTH
SYSTEM, PAWATING HOSPITAL,
and PAWATING HOSPITAL ASSOCIATION,
No. 198217
Berrien Circuit Court
LC No. 96-001265 NH
Defendants-Appellees.
Before: Michael J. Kelly, P.J., and Fitzgerald and M.G. Harrison*, JJ.
MEMORANDUM.
Plaintiff appeals by right summary disposition, without prejudice, in this medical malpractice
action based on commencement of suit prior to expiration of the statutory notice period prescribed by
MCL 600.2912b(1); MSA 27A.2912b(1). We affirm. T case is being decided without oral
his
argument pursuant to MCR 7.214(E).
Dismissal without prejudice, whatever the motives underlying plaintiff ’s failure to comply with
the statutory pre-suit notice requirement, is the appropriate action by the circuit court. Neal v
Oakwood Hospital Corp, ___ Mich App ___; ___ NW2d ___ (Docket No. 196964, issued
12/12/97); Morrison v Dickinson, 217 Mich App 308, 319; 551 NW2d 449 (1996). Additionally,
plaintiff ’s equal protection, U.S. Const, Amend XIV, § 1, Const 1963, art 1, §2, due process, id., and
separation of powers, Const 1963, art 3, § 2 challenges to the constitutionality of the statute are without
merit for the reasons adduced in Neal, supra.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
Affirmed.
/s/ Michael J. Kelly
/s/ E. Thomas Fitzgerald
/s/ Michael G. Harrison
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