Lisa Tyra v. Organ Procurement Agency of Michigan

Two steps forward, one step back. That is how I *95would describe today’s decision. Although it satisfactorily resolves the first issue in these appeals, the Court inexplicably leaves unresolved a compelling threshold issue raised by the plaintiff in Tyra v Organ Procurement Agency of Mich: if she is to be held to procedural requirements, so should defendants. More specifically, plaintiff1 argued in the trial court that defendants waived the MCL 600.2912b notice-waiting-period affirmative defense because they failed to adequately plead it under MCR 2.111(F)(3). The Court of Appeals found merit…