JOHN DOE V JOHN DOE I
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
JOHN DOE, Individually and as Next Friend of
JANE DOE, a Minor,
UNPUBLISHED
September 17, 2009
Plaintiffs-Appellees,
v
JOHN DOE I, HENRY FORD HOSPITAL and
HENRY FORD HEALTH SYSTEM, INC.,
No. 285655
Wayne Circuit Court
LC No. 07-701308-NO
Defendants,
and
JOHN DOE II and SUPERIOR AMBULANCE
SERVICE,
Defendants-Appellants.
Before: O’Connell, P.J., and Talbot and Stephens, JJ.
STEPHENS, J. (dissenting)
I would affirm the trial court’s denial of defendants’ motion to file a notice of non-party
fault under MCR 2.112(K)(3). As the majority has found, defendants could have ascertained that
DeFillippo was not served in time to file a timely notice of non-party fault. The majority has
nonetheless concluded that because there is no showing of prejudice, the notice should be
allowed. The court rule has a mandatory timeline for filing the notice and affords an exception
only when due diligence has been exercised. Therefore the trial judge did not err in his
interpretation of the court rule or his denial of the opportunity to file the late notice.
/s/ Cynthia Diane Stephens
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
