ESTATE OF DENNIS WISNIEWSKI V KONDA B C MOULI MD
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STATE OF MICHIGAN
COURT OF APPEALS
ESTATE OF DENNIS WISNIEWSKI, Deceased, by
SHEILA WISNIEWSKI, Personal Representative,
UNPUBLISHED
May 5, 1998
Plaintiff-Appellant,
v
KONDA B.C. MOULI, M.D., KONDA B.C.
MOULI, M.D., P.C., EMMA L. BIXBY MEDICAL
CENTER, d/b/a BIXBY MEDICAL CENTER,
No. 198281
Lenawee Circuit Court
LC No. 96-006974 NH
Defendants-Appellees.
Before: Bandstra, P.J., and MacKenzie and N.O. Holowka*, 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.2912(2)(1). We affirm. This case is being decided without oral
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, 226 Mich App 701, 715; ___ 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, US Const, Am XIV, § 1, Const 1963, art
1, § 17, and separation of powers, Const 1963, art 3, § 2, challenges to the constitutionality of the
statute, claim of impermissible delegation of legislative or judicial authority to private parties, and
assertion of denial of access to the judicial system are without merit for the reasons adduced in Neal,
supra at 716-723.
* Circuit judge, sitting on the Court of Appeals by assignment.
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We affirm.
/s/ Richard A. Bandstra
/s/ Barbara B. MacKenzie
/s/ Nick O. Holowka
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