Mullins v. St Joseph Mercy Hospital

This panel was convened to decide the issue raised in Mullins v St Joseph Mercy Hosp, 269 Mich App 586, 592; 711 NW2d 448 (2006), *541whether Ousley v McLaren, 264 Mich App 486, 494-495; 691 NW2d 817 (2004), was correctly decided or was in error in holding that Waltz v Wyse, 469 Mich 642; 677 NW2d 813 (2004), should be applied retroactively. The majority finds, without specifically considering the issues in Ousley, that Waltz is to be applied retroactively based on the precedential value of three peremptory orders from our Supreme Court directing retroactive application in three cases.1 I…