Summary
In Auslander, this Court held that medical malpractice defendants have no obligation to plead affirmative defenses in response to a complaint that failed to comply with statutory prerequisites.
Summary of this case from Tyra v. Organ Procurement Agency of Mich.Opinion
No. 134147.
October 17, 2007.
Court of Appeals No. 274079.
Reconsideration Granted October 17, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we remand this case to the Oakland Circuit Court for entry of a judgment granting the defendants' motion for summary disposition.
I would grant leave to appeal.