SUSAN FURR V MICHAEL MCLEOD MD (Dissenting Opinion)

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STATE OF MICHIGAN COURT OF APPEALS SUSAN FURR and WILLIAM FURR, FOR PUBLICATION April 10, 2014 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: MURPHY, C.J., and MARKEY, O CONNELL, TALBOT, METER, BORRELLO, and BECKERING, JJ. METER, J. (dissenting). I join in Judge O Connell s dissenting opinion but write separately to point out that while I was a member of the panel that decided Zwiers v Growney, 286 Mich App 38; 778 NW2d 81 (2009), and I believe that Zwiers was a well-reasoned opinion, I acknowledge that Driver v Naini, 490 Mich 239; 802 NW2d 311 (2011), subsequently and implicitly overruled it. /s/ Patrick M. Meter -1-

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