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STATE OF MICHIGAN COURT OF APPEALS

CYNTHIA SOUFANE (ROOKE), Next Friend of BRYAN ROOKE, a minor, Plaintiff/Appellant/Cross-Appellee, v

UNPUBLISHED November 12, 2009

No. 279227 Livingston Circuit Court LC No. 04-020564-NH

JUNG WU MD and JUNG WU MD PC, Defendants/Appellees/CrossAppellants, and ST JOSEPH MERCY HOSPITAL, Doing Business as TRINITY HEALTH ASSOC, otherwise known as MCPHERSON HOSPITAL, Defendant/Appellant.

CYNTHIA SOUFANE (ROOKE), Next Friend of BRYAN ROOKE, a minor, Plaintiff/Appellee, v No. 279325 Livingston Circuit Court LC No. 04-020564-NH

JUNG WU MD and JUNG WU MD PC, Defendants/Appellants, and ST JOSEPH MERCY HOSPITAL, Doing Business as TRINITY HEALTH ASSOC, otherwise known as MCPHERSON HOSPITAL,

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Defendant.

CYNTHIA SOUFANE (ROOKE), Next Friend of BRYAN ROOKE, a minor, Plaintiff/Appellee, v No. 280937 Livingston Circuit Court LC No. 04-020564-NH

JUNG WU MD and JUNG WU MD PC, Defendants, and ST JOSEPH MERCY HOSPITAL, Doing Business as TRINITY HEALTH ASSOC, otherwise known as MCPHERSON HOSPITAL, Defendant/Appellant.

Before: Hoekstra, P.J., and Fitzgerald and Zahra, JJ. PER CURIAM. This medical malpractice appeal addresses three claims consolidated for appellate review. In Docket No. 279227, plaintiff appeals as of right an "order granting defendants' motion for directed verdict and entry of judgment for defendants." In Docket No. 279325, defendants Jung Wu, MD ("Dr. Wu") and Jung Wu, MD PC appeal as of right an "opinion and order" that in part denied them an award for case evaluation sanctions and costs. In Docket No. 280937, St. Joseph Mercy Hospital, doing business as Trinity Health Association otherwise known as McPherson Hospital ("McPherson Hospital"), appeals as of right an "order denying defendant [hospital's] motion to allow taxed bill of costs and attorney fees." We affirm the trial court's decision granting McPherson Hospital's motion for directed verdict on the issue of agency. We reverse trial court's decision granting defendants' motion for directed verdict on the theory that plaintiff failed to present sufficient evidence of proximate cause. We remand for further proceedings consistent with this opinion. I. Basics Facts and Proceedings

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In April of 1990, plaintiff suspected she was pregnant. She called McPherson Hospital for assistance and later went to McPherson Hospital for urine tests, which confirmed she was pregnant. Plaintiff alleged that a McPherson Hospital employee informed her that Dr. Wu, an obstetrician, was "their doctor" and provided plaintiff with the telephone number and address to Dr Wu's office. On October 6, 1990, plaintiff visited Dr Wu's office for a regular monthly visit. After an examination, Dr Wu diagnosed plaintiff with a urinary tract infection. Dr. Wu prescribed Macrodantin, a drug that plaintiff began taking two days later. Late in the evening of October 9, 2009, plaintiff felt like a spurt of fluid that she described as "strange." Nonetheless, plaintiff went to bed and the next day she went to work where she called Dr. Wu's office at 8:00 a.m. She allegedly informed Dr. Wu that she "had a spurt

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Michigan Law