Hetrick v. Friedman

Plaintiffs appeal as of right from an order granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(7). We affirm.

I. FACTS AND PROCEEDINGS

In 1994, plaintiffs Carolyn and Frank Hetrick filed a medical malpractice suit against defendants, alleging that defendant David Friedman, D.P.M., negligently performed podiatric surgery on Carolyn (1994 action). Blue Cross and Blue Shield (bcbs) intervened as a plaintiff in the 1994 action, asserting a contractual hen against any judgment or settlement for reimbursement of benefits it paid under an insurance pol icy. Subsequently,…