Toska v. Campbell

In this medical malpractice case, defendant Bay Medical Center appeals by leave granted from the November 8, 1984, interlocutory order of the circuit court denying defendant’s motion for entry of an order compelling arbitration.

This is the second time that the instant case has been before this Court. Prior to this appeal, defendant sought leave to appeal from the trial judge’s December 15, 1981, order denying defendant’s motion for accelerated judgment in which the trial judge ruled that the Michigan Malpractice Arbitration Act, MCL 600.5040 et seq.; MSA 27A.5040 et seq., was unconstitutional.