BETHANY BRABANT V RIVER DIST HOSPITAL

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STATE OF MICHIGAN COURT OF APPEALS BETHANY BRABANT, Conservator of the Estate of MELISSA BRABANT, and Minor, and the Estate of DAVID BRABANT, a Minor, UNPUBLISHED December 20, 2005 Plaintiff-Appellant/Cross Appellee, v ST. JOHN RIVER DISTRICT HOSPITAL, f/k/a RIVER DISTRICT HOSPITAL, No. 263168 St. Clair Circuit Court LC No. 02-001060-NH Defendant-Appellee/Cross Appellant, and MICHAEL PRIEBE, M.D., and RONALD ERICK BATTIATA, M.D., Defendants-Appellees. Before: Cavanagh, P.J., and Cooper and Donofrio, JJ. COOPER, J. (concurring). I concur with the majority opinion of my colleagues. This writer would have remanded for a Daubert1 hearing, but for the argument of the plaintiff’s counsel in the trial court that a hearing was not required in this case. /s/ Jessica R. Cooper 1 Daubert v Merrill Dow Pharmaceuticals, Inc, 509 US 579; 113 S Ct 2786; 125 L Ed 2d 469 (1993). -1-

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