Davis v. Lhim

Decision Date23 April 1985
Citation422 Mich. 875,366 N.W.2d 7
PartiesRuby DAVIS, Administratrix of the Estate of Mollie Barnes, Plaintiff-Appellee, v. Dr. Yong-Oh LHIM, Defendant-Appellant. 71915. 422 Mich. 875, 366 N.W.2d 7
CourtMichigan Supreme Court
ORDER

Prior report: 124 Mich.App. 291, 335 N.W.2d 481.

By order of December 1, 1983, the application for leave to appeal was held in abeyance pending the decisions in Bandfield v. Wood (Docket No. 67682) and Ross v. Consumers Power Company (On Rehearing), (Docket No. 64241). On order of the Court, the decisions having been issued on March 19, 1985, 421 Mich. ---, 364 N.W.2d 280, and January 22, 1985, 420 Mich. 567, 363 N.W.2d 641, respectively, the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals for reconsideration in light of Ross v. Consumers Power Co. (On Rehearing), 420 Mich. 567, 363 N.W.2d 641.

The motion to file amicus curiae briefs is DENIED as moot.

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12 cases
  • Bardoni v. Kim
    • United States
    • Court of Appeal of Michigan — District of US
    • August 9, 1986
    ...readily identifiable victims as required by Davis v. Lhim, 124 Mich.App. 291; 335 N.W.2d 481 (1983), remanded on other grounds 422 Mich. 875, 366 N.W.2d 7 (1985), on rem. 147 Mich.App. 8; 382 N.W.2d 195 (1985), and granted defendant Dr. Kim's motions for summary judgment pursuant to GCR 196......
  • Sellers v. U.S.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 24, 1989
    ...in three cases, the most applicable being Davis v. Lihm, 124 Mich.App. 291, 335 N.W.2d 481 (1983), remanded on other grounds, 422 Mich. 875, 366 N.W.2d 7 (1983), on remand, 147 Mich.App. 8, 382 N.W.2d 195 (1985), rev'd sub nom Canon, 430 Mich. 326, 422 N.W.2d 688 (1987). The appeals in Davi......
  • Massey v. Grant
    • United States
    • U.S. District Court — Western District of Michigan
    • February 19, 1988
    ...however, provide instructive principles. In Davis v. Lhim, 124 Mich.App. 291, 335 N.W.2d 481 (1983), remanded on other grounds, 422 Mich. 875, 366 N.W.2d 7 (1985), on remand 147 Mich.App. 8, 382 N.W.2d 195 (1985), leave granted 425 Mich. 851 (1986), the Court of Appeals established the foll......
  • Hinkelman v. Borgess Medical Center
    • United States
    • Court of Appeal of Michigan — District of US
    • June 23, 1987
    ...victim. The Tarasoff reasoning was adopted by this Court in Davis v. Lhim, 124 Mich.App. 291, 335 N.W.2d 481 (1983), remanded 422 Mich. 875, 366 N.W.2d 7 (1985). In so doing, the Court emphasized that such liability is premised upon the psychiatrist's control over a dangerous patient: " 'On......
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