(DOWNLOAD) "Moran v. State Banking Commissioner." by Supreme Court of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: Moran v. State Banking Commissioner.
- Author : Supreme Court of Michigan
- Release Date : January 08, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This case arises out of an action for medical malpractice involving the death of twenty-year-old Janet Vargo after she gave birth to her son at St. Lawrence Hospital in Lansing. Plaintiff, as personal representative of the estate of Janet Vargo, asserted that defendant- appellee Dr. Harold Sauer, a Michigan State University medical professor who instructs medical residents and treats patients at St. Lawrence, negligently caused Ms. Vargos death. Dr. Sauer moved for summary Disposition, arguing that he was entitled to immunity pursuant to subsection 7(2) of the governmental tort immunity statute. Plaintiff responded that Dr. Sauer did not satisfy the requirements of subsection 7(2) and that, in any event, subsection 7(4) does not grant immunity to agents of government hospitals. The trial court dismissed plaintiffs claim on the basis of governmental immunity and a divided Court of Appeals affirmed the dismissal. We accepted review to consider 1) whether the hospital exception is constitutional and, if it is, whether it governs this case, and 2) whether a question exists to submit to the jury in regard to whether Dr. Sauer is entitled to immunity under subsection 7(2).