ROBERT COSTA V MICHIGAN HEART & VASCULAR INSTITUTE INC
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STATE OF MICHIGAN
COURT OF APPEALS
ROBERT COSTA, Personal Representative of the
ESTATE OF JAYNE J. COSTA, Deceased,
UNPUBLISHED
December 6, 2005
Plaintiff-Appellee,
v
No. 256673
Washtenaw Circuit Court
LC No. 02-001480-NH
OTTO GAGO, M.D.,
Defendant-Appellant,
and
MICHIGAN
HEART
&
VASCULAR
INSTITUTE, INC, and ST. JOSEPH MERCY
HOSPITAL ANN ARBOR, a/k/a TRINITY
HEALTH – MICHIGAN,
Defendants.
Before: Smolenski, P.J., and Schuette and Borrello, JJ.
BORRELLO, J. (concurring).
I am forced to concur in the result of this case only because I am bound by what I believe
are two erroneously decided decisions by this Court: Farley v Advanced Cardiovascular Health
Specialists, PC, 266 Mich App 566; 703 NW2d 115 (2005) and Ousley v McLaren, 264 Mich
App 486; 691 NW2d 817 (2004).
/s/ Stephen L. Borrello
-1-
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