Opinion
Docket No. 120118.
Decided December 21, 1992, at 9:05 A.M. Leave to appeal sought.
Thurswell, Chayet Weiner (by Cyril V. Weiner), for the plaintiff.
Cheatham Acker, P.C. (by Kevin P. Hanbury), for Dr. Howard Liss.
ON REHEARING
Before: WEAVER, P.J., and MICHAEL J. KELLY and MARILYN KELLY, JJ.
This case was previously submitted to this panel. The issue we addressed was whether Dr. Howard Liss (hereinafter defendant), as an employee of a private corporation doing business with the defendant hospital, was an independent contractor and, therefore, not entitled to governmental immunity. Our opinion, decided March 16, 1992, Rambus v Wayne Co General Hosp, 193 Mich. App. 268; 483 N.W.2d 455 (1992), reversed the trial court's order of summary disposition in favor of Dr. Liss.
Defendant's timely motion for rehearing on the basis of the Supreme Court's reversal of Douglas v Pontiac General Hosp, 182 Mich. App. 446; 452 N.W.2d 845 (1990), was granted.
438 Mich. 851 (1991).
We have reviewed this matter in light of the reversal of Douglas, and, on the basis of the authority cited in our previous opinion in this case, especially Roberts v Pontiac, 176 Mich. App. 572; 440 N.W.2d 55 (1989), but excluding Douglas, we reaffirm the holding set forth in our prior opinion in this matter.
Reversed and remanded.