754 N.W.2d 321

Mich.

2008

BORGESS MEDICAL CENTER, Plaintiff-Appellee, v JUAN RESTO, Defendant, and SOUTHERN MICHIGAN INSURANCE COMPANY, Defendant-Appellant.

SC: 133223, COA: 270773, Allegan CC: 04-036235-NF

Michigan Supreme Court

August 1, 2008

Clifford W. Taylor, Chief Justice; Michael F. Cavanagh, Elizabeth A. Weaver, Marilyn Kelly, Maura D. Corrigan, Robert P. Young, Jr., Stephen J. Markman, Justices

133223 & (43)

Order

By order of October 3, 2007, the application for leave to appeal the January 9, 2007 judgment of the Court of Appeals was held in abeyance pending the decision in Ross v Auto Club Group (Docket No. 130917). On order of the Court, the case having been decided on May 7, 2008, 481 Mich 1 (2008), the application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the majority opinion in Borgess Medical Center v Resto, 273 Mich App 558 (2007), and AFFIRM the judgment of the Court of Appeals for the reasons stated in the concurring opinion. The motion for leave to file brief amicus curiae by Phu Tran et al. is GRANTED.

p0729

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

August 1, 2008

Clerk