880 N.W.2d 350
Mich. Ct. App.2015Background
- Plaintiff, after a fall, was treated at Sparrow Hospital and discharged before midnight; he preferred to stay but was discharged as the hospital would not provide overnight lodging.
- Discharge followed a stability assessment showing improved condition; plaintiff was offered and used a wheelchair.
- Sparrow did not treat this as a medical malpractice claim; instead, plaintiff alleged a common-law duty to assist with transportation after discharge.
- Plaintiff fell in the cab after being assisted by a cab driver; he injured his right elbow in addition to his prior left-arm injuries.
- The trial court granted Sparrow’s directed verdict on duty and causation; on appeal, the issue is whether Sparrow owed a duty to aid dischargees into awaiting vehicles.
- Court holds Michigan law does not impose a duty on a hospital to assist a discharged patient with transportation, resolving the duty question in Sparrow’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sparrow owed a duty to assist plaintiff into the taxi | Plaintiff contends Sparrow had a duty to aid | Sparrow had no control or special relationship to plaintiff; no duty exists | No duty; directed verdict affirmed |
Key Cases Cited
- In re Certified Question from Fourteenth Dist Court of Appeals of Texas, 479 Mich 498 (2007) (balancing policy to determine duty exists)
- Hill v Sears, Roebuck & Co, 492 Mich 651 (2012) (foreseeability and relationship as factors for duty)
- Loweke v Ann Arbor Ceiling & Partition Co, LLC, 489 Mich 157 (2011) (duty elements and public policy analysis)
- Sniecinski v Blue Cross & Blue Shield of Mich, 469 Mich 124 (2003) (duty and directed verdict standards)
- Williams v Cunningham Drug Stores, Inc, 429 Mich 495 (1988) (no general duty to aid absent special relationship)
- Cameron v New York, 322 NYS2d 562 (1971) (no hospital duty to continue parental role over discharged patients)