Summary
In Dantzler, the Court of Appeals had held that the medical malpractice claimant was not insane for purposes of § 5851(1).
Summary of this case from Vega v. Lakeland HospsOpinion
Docket No. 108658.
Summary Dispositions January 27 1998.
Court of Appeals No. 183840.
In lieu of granting leave to appeal, that portion of the Court of Appeals judgment which affirmed, in part, the granting of summary disposition in favor of defendants is reversed. The circuit court erred in finding no genuine issue of material fact on the issue whether primary plaintiff was insane for purposes of MCL 600.5851; MSA 27A.5851. Defendants specifically concede that primary plaintiff became insane at some unspecified date following his second release from defendant Wyandotte Hospital and Medical Center, but contest whether he was insane at the time of his release. Plaintiff offered sufficient evidence to establish an issue of fact on that question, particularly the affidavit and report of treating psychologist McCloud. The case is remanded to the Wayne Circuit Court for further proceedings. The motion to strike pleadings and impose sanctions is granted to the extent that exhibits B, F, G and H are stricken from defendant's brief, but in all other respects denied. MCR 7.302(F)(1). Jurisdiction is not retained.