Guardiola v. Oakwood Hospital

I largely agree with the majority’s analysis and result, but write separately to express my belief that Hodgson v William Beaumont Hosp, 373 Mich 184; 128 NW2d 542 (1964), did not establish a "new standard” for summary disposition of issues of charitable immunity. Rather, I believe that the Supreme Court’s use of the phrase "conclusively persuasive” in Hodgson is simply another way of stating the principle that a motion for summary disposition (or, as in Hodgson, a motion to dismiss) based on the lack of a material factual dispute should be granted only where a record cannot be developed that…