TAMISHA HOYE V DMC/WSU

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STATE OF MICHIGAN COURT OF APPEALS TAMISHA HOYE, Individually and as Next Friend of COREY BATES, Minor, UNPUBLISHED January 28, 2010 Plaintiff-Appellant, v No. 285780 Wayne Circuit Court LC No. 04-407341-NH DMC/WSU and SINAI GRACE HOSPITAL, Defendants, and VICTOR ADLAI, M.D., Defendant-Appellee. Before: Gleicher, P.J., and Fitzgerald and Wilder, JJ. WILDER, J., (concurring). I agree with Judge Fitzgerald that the law of the case doctrine applies in the instant case, and that the only verdict in this case is the jury verdict of no cause of action with regard to Dr. Adlai. Therefore, I join in his opinion. I write separately only to state that if the law of the case doctrine did not apply in this case, I agree with Judge Gleicher’s conclusion that plaintiff waived her right to a new trial involving Dr. Adlai by pursuing a default against the hospital and deliberately electing to allow the jury to decide whether Dr. Adlai had committed professional negligence. /s/ Kurtis T. Wilder -1-

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