Aluia v. Harrison Community Hospital

The trial court granted defendant hospital’s motion for accelerated judgment pursuant to GCR 1963, 116.1(2) on the ground that the court lacked subject-matter jurisdiction because the plaintiffs decedent, Maddalena Aluia, had entered into a binding arbitration agreement. Plaintiff appealed from the grant of accelerated judgment and the trial court’s findings that the plaintiff’s decedent was presumed to understand the agreement which she signed and that the medical malpractice arbitration act, MCL 600.5040 et seq.; MSA 27A.5040 et seq., was constitutional. This Court reversed the trial court,…