Mullins v. St Joseph Mercy Hospital

For many of the reasons stated by Judge MURPHY and Judge COOPER, I agree that the orders in Evans v Hallal, 472 Mich 929 (2005), Forsyth v Hopper, 472 Mich 929 (2005), and Wyatt v Oakwood Hosp & Med Ctrs, 472 Mich 929 (2005), are informative regarding the Supreme Court’s thinking at the time they were entered, but are not precedential decisions on the question whether Waltz v Wyse, 469 Mich 642; 677 *535NW2d 813 (2004), should be applied retroactively. Because these orders are not precedential decisions, this Court is duty-bound to address the merits of the conflict between Ousley v McLaren, 264…