SUSAN FURR V MICHAEL MCLEOD MD (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS SUSAN FURR and WILLIAM FURR, FOR PUBLICATION October 24, 2013 Plaintiffs-Appellees, v MICHAEL McLEOD, M.D., TARA B. MANCL, M.D., MICHIGAN STATE UNIVERSITY KALAMAZOO CENTER FOR MEDICAL STUDIES, INC., and BORGESS MEDICAL CENTER, No. 310652 Kalamazoo Circuit Court LC No. 2010-000551-NH Defendants-Appellants. Before: WHITBECK, P.J., and OWENS and M. J. KELLY, JJ. M. J. KELLY, J. (concurring). I concur in the majority s view that this case is controlled by Tyra v Organ Procurement Agency of Michigan, ___Mich App____;____NW2d (2013), and, while I do not join the analysis of the majority, I concur in its result. Finally, I agree that a conflict panel should be convened under MCR 7.215(J)(3) for the purpose of resolving this conflict. /s/ Michael J. Kelly -1-

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