GHALEB NAJIB HADDAD V WALEED MAMMO

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STATE OF MICHIGAN COURT OF APPEALS GHALEB NAJIB HADDAD, Personal Representative of the Estate of SHIBLI JAMIL HADDAD, Deceased, UNPUBLISHED February 27, 2007 Plaintiff-Appellant, v No. 266646 Macomb Circuit Court LC No. 2004-001381-NH WALEED MAMMO, D.D.S., Defendant-Appellee. Before: O’Connell, P.J., and Saad and Talbot, JJ. O’CONNELL, J. (concurring in part and dissenting in part). I concur with the majority opinion that various conflict panels have attempted to resolve most, if not all, of the issues presented in this case. My position concerning these conflict panels is set forth in my concurring opinion in Ward v Siano, ___ Mich App ___; ___ NW2d ___ (Docket No. 265599, issued November 14, 2006).1 If I were writing on a clean slate, I would reverse the decision of the trial court. /s/ Peter D. O’Connell 1 I note that Bryant v Oakpointe Villa, 471 Mich 411, 432; 684 NW2d 864 (2004), may in fact control the outcome of all of these cases (equitable tolling applies to MCL 600.5852 where the court determines “understandable confusion” exists). I also note that the Supreme Court has not issued a definitive opinion on the retroactive application of Waltz v Wyse, 469 Mich 642; 677 NW2d 813 (2004). -1-

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