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STATE OF MICHIGAN
COURT OF APPEALS


MICHAEL COLTON, Personal Representative of the Estate of ALEXIS HALL, Plaintiff-Appellee, v DEVKUMAR S. NANDAMUDI, MD, a/k/a DEVELOPMENT S. NANDAMUDI, ME, CHILDREN'S HEALTH CARE OF PORT HURON, and PHYSICIANS HEALTHCARE NETWORK, PC, Defendants, and PORT HURON HOSPITAL, Defendant-Appellant.

UNPUBLISHED April 10, 2008

No. 272294 St. Clair Circuit Court LC No. 05-001942-NH

MICHAEL COLTON, Personal Representative of the Estate of ALEXIS HALL, Plaintiff-Appellee, v DEVKUMAR S. NANDAMUDI, MD, a/k/a DEVELOPMENT S. NANDAMUDI, and CHILDREN'S HEALTHCARE OF PORT HURON, Defendants-Appellants, and PHYSICIANS HEALTHCARE NETWORK, PC and PORT HURON HOSPITAL, Defendants. No. 272299 St. Clair Circuit Court LC No. 05-001942-NH

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Before: Murray, P.J., and Sawyer and Cavanagh, JJ. PER CURIAM. In this consolidated appeal, defendants Port Huron Hospital, Devkumar Nandamudi, M.D., and Children's Healthcare of Port Huron appeal by leave granted from the order denying their motion for summary disposition in this wrongful death medical malpractice action. We affirm. The decedent died on February 24, 2001, of pneumonia due to respiratory tract infection shortly after being discharged from Port Huron Hospital by Dr. Nandamudi, her treating pediatrician. On February 14, 2003, Mary Farquhar, the decedent's mother, was appointed personal representative of the estate and obtained letters of authority from the probate court. On February 10, 2005, she served a notice of intent to file a medical malpractice complaint against the defendants involved in the decedent's treatment. On March 23, 2005, Farquhar petitioned the probate court to be removed as personal representative and have plaintiff appointed her successor, and plaintiff was appointed as successor personal representative on May 31, 2005. This action was filed on August 15, 2005, and plaintiff did not file a new notice of intent before filing the action. Defendants initially moved for summary disposition under MCR 2.116(C)(7), asserting that the complaint was time barred by operation of MCL 600.5852 because plaintiff failed to commence the action within two years after letters of authority were issued to the predecessor personal representative. After the trial court denied the motion, defendants filed applications for leave to appeal with this Court, which were denied. Colton v Nandamudi, unpublished order of the Court of Appeals, entered April 28, 2006 (Docket Nos. 268524 and 268533). Defendants then filed applications for leave to appeal with our Supreme Court, which held in abeyance pending the decision in Washington v Sinai Hosp of Greater Detroit, 478 Mich 412; 733 NW2d 755 (2007). Colton v Nandamudi, 721 NW2d 193 (2006); Colton v Nandamudi, 721 NW2d 200 (2006). Following the release of Washington, our Supreme Court ordered the applications to again be held in abeyance. Colton v Nandamudi, 739 NW2d 337 (2007); Colton v Nandamudi, 739 NW2d 624 (2007). In the meantime, Dr. Nandamudi and Children's Health Care moved for summary disposition under MCR 2.116(C)(10), arguing that plaintiff failed to file a proper notice of intent as required by MCL 600.2912b(1). Specifically, those defendants argued that the language of

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Michigan Law