Lisa Tyra v. Organ Procurement Agency of Michigan

At issue here is whether Zwiers v Growney, 286 Mich App 38; 778 NW2d 81 (2009), was overruled by this Court in Driver v Naini, 490 Mich 239; 802 NW2d 311 (2011). The Court of Appeals held that Zwiers was not overruled in Driver. Because we conclude to the contrary, we reverse the judgment of the Court of Appeals in part in both Tyra v Organ Procurement Agency of Mich, 302 Mich App 208; 850 NW2d 667 (2013), and Furr v McLeod, 304 Mich App 677; 848 NW2d 465 (2014). In Tyra, we reinstate the trial court’s order granting defendants’ motion for summary disposition, and in Furr, we remand to the…