(DOWNLOAD) "Kathyann Morse v. Board Regents University" by Supreme Court of Michigan ~ Book PDF Kindle ePub Free
eBook details
- Title: Kathyann Morse v. Board Regents University
- Author : Supreme Court of Michigan
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Order On order of the Court, the application for leave to appeal is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we MODIFY the judgment of the Court of Appeals. The Court should have vacated, rather than reversed the portion of the trial court opinion granting summary Disposition to defendants on plaintiff's claim of a breach of the duty to obtain informed consent. The Court of Appeals erred in stating with finality that the defendants enjoyed no immunity with regard to this claim. Rather, the Court of Appeals should have remanded this portion of the case to the trial court for scrutiny of the factual allegations in light of Green v Berrien General Hospital Auxiliary, Inc, 437 Mich 1, 9-14, 464 NW2d 703 (1990) and Canon v Thumudo, 430 Mich 326, 422 NW2d 688 (1988). We REMAND this case to the Washtenaw Circuit Court for further proceedings in accordance with this order. In all other respects, defendants' application for leave to appeal is DENIED. We do not retain jurisdiction.