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| People v. Buehler, No. 131943,
SUPREME COURT OF MICHIGAN, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Where a circuit court did not give a substantial and compelling reason on the record for its decision to depart from the Michigan Sentencing Guidelines, MCL 769.34 et seq., to impose probation for indecent exposure under MCL 750.335a, a remand for the articulation of such or resentencing was necessary.
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| Potter v. McLeary, No. 262529, No. 263538,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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Overview: In a medical malpractice action, denial of defendants' motions for summary disposition was improper as the patient's affidavits of merit did not comply with the requirements of MCL 600.2129d in that they were devoid of any statement of proximate cause.
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| RETIRED DETROIT POLICE & FIRE FIGHTERS ASS'N v. CITY OF DETROIT, No. 272235,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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| STATE & GRAND RAPIDS v. CLARK, No. 263018,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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| STONEMAN v. CARSON CITY HOSP., No. 263637,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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| Saffian v. Simmons, No. 129263,
SUPREME COURT OF MICHIGAN, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: In a dental malpractice case, a default judgment was properly entered against a dentist where he refused to answer the complaint; a unilateral belief that a complaint did not conform to the requirements of MCL 600.2912d did not constitute "good cause" for failing to respond in a timely manner under MCR 2.108.
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| THOMAS v. DEPARTMENT OF STATE POLICE, No. 272447,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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| Taha v. Basha Diagnostics, P.C., Docket No. 266016,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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Overview: "Original injury" for purposes of MCL 600.1629(1)(a) was physical harm to patient that occurred as a result of defendants' alleged misinterpretation of an x-ray. This harm did not occur until patient received treatment by doctor. Location of patient's treatment, not physical location of defendants' x-ray interpretation, was determinative of venue.
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| United States Fid. Ins. & Guar. Co. v. Mich. Catastrophic Claims Ass'n, No. 260604, No. 271199,
COURT OF APPEALS OF MICHIGAN, February 6, 2007, Decided
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Overview: MCL 500.3104 did not incorporate a "reasonableness" requirement, but required the Michigan Catastrophic Claims Association (MCCA) to reimburse insurers for the actual amount of personal protection insurance (PIP) benefits paid in excess of the statutory threshold; court did not err in granting summary judgment to MCCA member insurance company.
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