Legal Opinion · Dissent

Catanese v. Heggen

Michigan Court of Appeals

Decided April 21, 1982No. Docket 45366Published

1DissentBeasley, J.

I respectfully dissent.

In this medical malpractice action, both defendants either reside in or are established in Oakland County, and the alleged acts of malpractice arose in Oakland County. In wrongful death cases, *307the general rule for the determination of venue is that the action may be instituted in conformity with the venue statute governing personal injury actions. An exception to the general rule is where a state’s wrongful death statute specifically contains a venue provision. Supporting these conclusions are the following authorities:

"In the absence of a venue statute specifically…

2Cases cited3 opinions

  1. Shock Bros, Inc. v. Morbark Industries, Inc.Michigan Supreme Court · 1981
  2. Hunter v. DoeMichigan Court of Appeals · 1975
  3. Cottengim's Adm'r v. Adams' Adm'xCourt of Appeals of Kentucky · 1953

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