DAVID DORSEY V DR ARUN TAVEE
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STATE OF MICHIGAN
COURT OF APPEALS
DAVID DORSEY and RUBY DORSEY,
UNPUBLISHED
June 9, 1998
Plaintiffs-Appellees,
v
No. 198618
Wayne Circuit Court
LC No. 96-619324 NH
DR. ARUN TAVEE,
Defendant-Appellant,
and
HENRY FORD HOSPITAL, GRACE
HOSPITAL and DR. REHANA N. KAPADIA,
Defendants.
Before: Bandstra, P.J., and MacKenzie and N.O. Holowka*, JJ.
MEMORANDUM.
By leave granted, appellant Tavee appeals denial of his motion for summary disposition,
grounded in plaintiffs’ acknowledged failure to comply with the pre-suit notice requirements of MCL
600.2912b; MSA 27A.2912(2) in this medical malpractice action. We reverse. This case is being
decided without oral argument pursuant to MCR 7.214(E). The motion to expedite, previously held in
abeyance, is granted.
The circuit court determined that the cited statute is unconstitutional on a variety of grounds, all
of which were considered and rejected in Neal v Oakwood Hosp Corp, 226 Mich App 701; ___
NW2d ___ (1997). The circuit court found no occasion to reach, nor do we, the question of whether
other interim changes in the statutes governing medical malpractice actions can or cannot constitutionally
be retroactively applied to claims that arose prior to the enactment of such statutes; any such issues are
properly addressed only in the context of litigation arising from a complaint filed in conformity with the
pre-suit notice requirements of RJA § 2912b.
* Circuit judge, sitting on the Court of Appeals by assignment.
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We reverse and remand for further proceedings consistent with this opinion. We do not retain
jurisdiction.
/s/ Richard A. Bandstra
/s/ Barbara B. MacKenzie
/s/ Nick O. Holowka
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