Louya v. William Beaumont Hospital

Plaintiffs brought suit alleging that obstetrical negligence in connection with the birth of Balita Louya caused her severe brain damage and retardation. The case was eventually dismissed. This appeal arises from the imposition of costs and attorney fees in the amount of $27,962 against plaintiffs, Balita’s parents, and their former attorney, Anthony M. Malizia. The trial court based its award of these costs in favor of the two attorneys for defendant Dr. Andrew Check on its finding that the lawsuit was frivolous within the meaning of MCL 600.2591; MSA 27A.2591. Attorney Malizia appeals as of…