Bronson Methodist Hosp. v. LaRoy, Docket Nos. 89659
Decision Date | 10 November 1988 |
Docket Number | 90892,Docket Nos. 89659 |
Citation | 430 N.W.2d 817,171 Mich.App. 729 |
Parties | BRONSON METHODIST HOSPITAL, Plaintiff-Appellant, v. Norma LaROY, Defendant-Appellee. |
Court | Court of Appeal of Michigan — District of US |
Ford & Kriekard, P.C. by Robert A. Soltis, Kalamazoo, for plaintiff.
Burnett, Kastran & Stone by Stephen A. Kastran, Allegan, for defendant.
Before HOOD, P.J., and HOLBROOK and STEMPIEN, * JJ.
In this consolidated appeal, plaintiff, Bronson Methodist Hospital, appeals from the Allegan Circuit Court's December 5, 1985, order granting summary disposition in defendant's favor on Count III of plaintiff's complaint. Count III alleged a common-law duty of a wife to pay for necessary medical treatment and services rendered to her husband. Plaintiff also appeals from an order filed February 24, 1986, in which the court found no cause of action on Count I (breach of an express contract to pay) and Count II (breach of an implied contract to pay). We affirm.
From March, 1984, until his death in October, 1984, defendant's husband, Edwin LaRoy, received medical care from plaintiff. When defendant refused to pay for her husband's medical treatment plaintiff sued defendant for the amount due. Count III of plaintiff's complaint alleged that defendant had breached her common-law duty to pay for necessary medical care and treatment of her husband. Recently, this Court recognized a wife's duty to pay for her husband's necessary medical treatment. Borgess Medical Center v. Smith, 149 Mich.App. 796, 386 N.W.2d 684 (1986).
The Court in Borgess alluded to the married women's act, specifically to M.C.L. Sec. 557.21; M.S.A. Sec. 26.165(1), which states:
(1)
After noting that the statute made it clear that a woman is not responsible for her husband's debts, the Borgess Court suggested that it was time for a change in the law.
In its ruling the Borgess Court relied upon the reasoning employed by the New Jersey Supreme Court in Jersey Shore Medical Center-Fitkin Hospital v. Estate of Baum, 84 N.J. 137, 417 A.2d 1003 (1980). There, the plaintiff sued the defendant to recover the costs of defendant's husband's last illness. Defendant filed a motion for summary judgment, which was granted. On appeal, the New Jersey Supreme Court affirmed but issued a prospective ruling that both spouses would be liable for the debts of the other.
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