Guertin v. Marrella

Per Cuiram.

Plaintiff appeals as of right from an order of the circuit court granting defendants’ motion for accelerated judgment on plaintiff’s action alleging medical malpractice. The circuit court granted defendants’ motion on the ground that it lacked subject-matter jurisdiction, GCR 1963, 116.1, now MCR 2.116(C), because plaintiff had executed a valid binding-arbitration agreement. The case was thereafter ordered to arbitration.

The facts which gave rise to this appeal are not disputed. In December of 1979, plaintiff was admitted to Hutzel Hospital — Waren Division, formerly known as…