Costa v. Community Emergency Medical Services, Inc

The question presented is whether medical malpractice defendants who have asserted the defense of governmental immunity must nonetheless file an affidavit of meritorious defense pursuant to MCL 600.2912e. Because governmental immunity is a complete defense to such a suit, we hold that where a plaintiff has otherwise failed to overcome the barrier of governmental immunity, such defendants are relieved from the burden of filing an affidavit of meritorious defense.

I. BACKGROUND

Plaintiff Richard Costa,1 in the city of Taylor for a business meeting, was knocked unconscious when he was punched in…