Legal Opinion · Concurrence

Wood v. Bediako

Michigan Court of Appeals

Decided October 26, 2006No. Docket No. 267190Published

1ConcurrenceZahra, P.J.

I concur in the majority’s decision reversing the trial court’s order granting defendants summary disposition. I write separately because I do not deem the affidavit of merit filed with the complaint pursuant to MCL 600.2912d to be invalid. Consequently, I would not decide the question whether plaintiffs complaint should be dismissed for failure to file a valid affidavit of merit with the complaint.

MCL 600.2912d(l) provides in part that

the plaintiff in an action alleging medical malpractice or, if the plaintiff is represented by an attorney, the plaintiffs attorney shall file with the…

2Cases cited6 opinions

  1. Holmes v. Michigan Capital Medical CenterMichigan Court of Appeals · 2000
  2. O'Dess v. Grand Trunk Western RailroadMichigan Court of Appeals · 1996
  3. Kelley v. City of FlintMichigan Supreme Court · 1930
  4. Merrifield v. Village of Paw PawMichigan Supreme Court · 1936
  5. Wise v. YunkerMichigan Supreme Court · 1923

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