Legal Opinion · Dissent

Theophelis v. Lansing General Hospital

Michigan Supreme Court

Decided June 6, 1988No. 78166, (Calendar No. 2)Published

1DissentArcher, J.

We granted leave to consider whether a release, containing a provision expressly reserving plaintiffs’ claim against the employer hospital-principal, and executed in consideration of settlement payments received from independent contractors-agents, nevertheless released the hospital from vicarious liability under *530MCL 600.2925d; MSA 27A.2925(4),1 and, if the release of the independent contractors-agents is not protected by MCL 600.2925d; MSA 27A.2925(4), the release should be reformed as a covenant not to sue, thereby effectuating the intent of the settling parties which would not discharge…

2Cases cited38 opinions

  1. O'Donnell v. State Farm Mutual Automobile InsuranceMichigan Supreme Court · 1979
  2. Stowers v. WolodzkoMichigan Supreme Court · 1971
  3. Alaska Airlines, Inc. v. SweatAlaska Supreme Court · 1977
  4. Grewe v. Mount Clemens General HospitalMichigan Supreme Court · 1978
  5. Baker v. General Motors Corp.Michigan Supreme Court · 1980

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