Sayles v. Baughman

Plaintiff, Alice Sayles, filed a medical malpractice action in Oakland Circuit Court against defendants Pontiac General Hospital and Dr. R. Baughman, M.D. The trial court granted summary disposition in favor of defendants. Plaintiff concedes that summary disposition was properly granted as to the hospital, but appeals as of right the summary disposition granted in favor of Dr. Baughman. We reverse and remand for further proceedings.

A motion for summary disposition under MCR 2.116 (0(8), formerly GCR 1963, 117.2(1), tests the legal basis of the complaint. The motion should be granted when,…