Tobias v. Phelps

Plaintiff appeals as of right from the dismissal of his medical malpractice claim against defendants, Dr. Shirley J. Phelps and Dr. Douglas A. Devens. The trial court held that plaintiff had failed to plead facts in avoidance of governmental immunity. GCR 1963, 117.2(1). We reverse this decision in part, and remand for further proceedings. Defendant Phelps cross-appeals from the trial court’s denial of defendants’ motion for summary judgment as to plaintiff’s civil rights claim, brought under 42 USC 1983, that defendants violated the decedent’s constitutional rights by their failure to…