EMILY SKOWRONSKI V LAURA J DANZ MD
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
EMILY SKOWRONSKI, as Next Friend of
BRODERICK SKOWRONSKI, a Minor, and
THOMAS SKOWRONSKI,
UNPUBLISHED
April 21, 1998
Plaintiffs-Appellants,
v
LAURA J. DANZ, M.D. and MUNSON MEDICAL
CENTER,
No. 199022
Grand Traverse Circuit Court
LC No. 96-014639 NH
Defendants-Appellees.
Before: Neff, P.J., and White and D. A. Teeple*, JJ.
MEMORANDUM.
Plaintiffs appeal 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.2912(2)(1). We affirm. The motion to expedite, previously held in
abeyance, is granted. This case is being decided without oral argument pursuant to MCR 7.214(E).
Whatever the motive underlying plaintiffs’ failure to comply with the statutory pre-suit notice
requirement, dismissal without prejudice is the appropriate action by the circuit court. Neal v
Oakwood Hospital Corp, 226 Mich App 701, 714-716; ___ NW2d ___ (1997); Morrison v
Dickinson, 217 Mich App 308, 319; 551 NW2d 449 (1996). Additionally, plaintiff s’ equal
protection, US Const, Am 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.
Affirmed.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Janet T. Neff
/s/ Helene N. White
/s/ Donald A. Teeple
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.