Harte v. Sinai Hospital

Plaintiffs Thomas and Karen Harte appeal as of right from a circuit court order of accelerated judgment on plaintiffs’ action alleging malpractice in connection with the birth of their son. The circuit court granted defendants’ motion on the ground that the court lacked subject-matter jurisdiction, GCR 1963, 116.1(2), because plaintiff Karen Harte had signed binding arbitration agreements for herself and her son Patrick Harte. Plaintiffs’ appeal was held in abeyance pending the Supreme Court’s decision in Morris v Metriyakool, 418 Mich 423; 344 NW2d 736 (1984).

On May 2, 1980, Karen Harte gave…