Antonow v. Marshall

Defendant Fred Marshall, D.O., appeals as of right from an order of the Wayne Circuit Court denying his motion for sanctions under MCR 2.114(D) and (E).

On July 27, 1984, plaintiff filed a medical malpractice action against eleven doctors and pharmacies, including defendant Fred Marshall, D.O. (hereinafter defendant). Plaintiff alleged that the doctors prescribed medication to plaintiff knowing that plaintiff abused the medication. On or about April 25, 1985, plaintiff’s counsel spoke to counsel for defendant on the telephone, and plaintiff’s counsel agreed to dismiss defendant from the case.…