Falcon v. Memorial Hosp.
| Decision Date | 26 March 1991 |
| Docket Number | No. 87025,No. 101586,87025,101586 |
| Citation | 467 N.W.2d 25,437 Mich. 926 |
| Parties | Ruby FALCON, Administratrix of the Estate of Nena J. Falcon, deceased, Plaintiff, v. MEMORIAL HOSPITAL, a corporation, Defendant-Cross-Plaintiff and Third-Party-Plaintiff-Appellant, and Dr. F.N. Kelso, Jr., Defendant-Cross-Defendant, and Norma Denny, CRNA, Third-Party Defendant-Cross-Appellee. COA467 N.W.2d 25 |
| Court | Michigan Supreme Court |
Prior report: 178 Mich.App. 17, 443 N.W.2d 431.
By order of January 4, 1990, the delayed application for leave to appeal was held in abeyance pending the decision in the case of Falcon v. Memorial Hospital (Docket Nos. 86721, 86722). On order of the Court, the decision having been issued on September 26, 1990, 436 Mich. 443, 462 N.W.2d 44 (1990), reh. den. 437 Mich. 1208 (1990), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE, in part, the judgment of the Court of Appeals and we REMAND the case to the Monroe Circuit Court for further proceedings on the third-party complaint filed by defendant hospital against the third-party defendant. The directed verdict which was entered in the trial court prompted that court to dismiss the defendant hospital's third-party complaint by operation of law. That directed verdict has now been set aside. Under these circumstances, we conclude that the third-party complaint should be reinstated.
We do not retain jurisdiction.
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