Messenger v. Department of Consumer & Industry Services

Plaintiff, Gregory G. Messenger, M.D., appeals as of right from a trial court order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10) and denying plaintiff’s motion for summary disposition under MCR 2.116(C)(9) and (10). We reverse and remand.

I. FACTUAL BACKGROUND

In 1994, plaintiffs wife gave birth to a premature boy and, contrary to the directions of plaintiff and his wife, the hospital staff instituted resuscitation procedures for the infant after its birth. Shortly thereafter, plaintiff, a licensed physician, disconnected the respirator sustaining the infant.…