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May 2010

May 2010
26
May 26, 2010

MSC Opinion: Notice of intent mailed to defendant's prior address during limitations period effectively tolled that limitations period

' On May 25, 2009, the Michigan Supreme Court published its decision in DeCosta v. Gossage, No. 137480.' In a plurality opinion authored by Justice Weaver and joined by Justice Hathaway (with Justices Kelly and Cavanagh concurring in the result), the Court found that the notice of intent to sue on a medical-malpractice claim, sent by plaintiff to

May 2010
23
May 23, 2010

COA Opinion: Where no one disputes the foreseeability of an injury, summary disposition on proximate cause is appropriate

On May 20, 2010, the Michigan Court of Appeals published its opinion in Jones v. Detroit Medical Center, No. 288710. ' The decedent-plaintiff Jones was involved in a car accident.' He received treatment in the emergency room from the defendant-doctor Watson. ' Watson diagnosed Jones with a seizure disorder and prescribed the drug tegretol.' Later,

May 2010
23
May 23, 2010

COA Opinion: To prove a knife is a dangerous weapon under MCL 750.226, the prosecution must show its blade is at least three inches

In People v. Parker, No. 289357, the Court of Appeals overturned the defendant's conviction and acquitted him of the charge of carrying a dangerous weapon with unlawful intent, MCL '' 750.226. ' Because this statute applies only to a person who both (1) carries "a pistol or other firearm or dagger, . . . or knife having a b

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