JAYNE LANIGAN V HURON VALLEY HOSP INCAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
March 3, 2009
Oakland Circuit Court
LC No. 2006-071779-NH
HURON VALLEY HOSPITAL, INC. and
STEVEN D. BELEN,
Advance Sheets Version
Before: Gleicher, P.J., and K. F. Kelly and Murray, JJ.
GLEICHER, P.J. (concurring).
I fully concur with the reasoning and result announced by the majority in this case. I
write separately to observe that had the complaint articulated solely a lost-opportunity claim, it
would be incumbent on this Court to invoke the conflict provisions of MCR 7.215(J). As my
colleagues today acknowledge, all seven justices who decided Stone v Williamson, 482 Mich
144, 164; 753 NW2d 106 (2008) (opinion by Taylor, C.J.), rejected the analysis set forth in
Fulton v William Beaumont Hosp, 253 Mich App 70; 655 NW2d 569 (2002). Because Fulton’s
central holding clearly lacks the support of a majority of our Supreme Court, this Court should
not hesitate to critically reexamine Fulton when presented with an appropriate case.
/s/ Elizabeth L. Gleicher