Ashley v. St. Joseph Mercy Hospital
Ashley v. St. Joseph Mercy Hospital
Opinion of the Court
The trial court entered a pretrial statement allowing the plaintiff 15 days to amend the complaint if desired, and 30 days to file a bill of particulars. Plaintiff failed to comply with the order and defendant filed a motion for summary judgment.
As stated in Kromat v. Vestevich (1968), 14 Mich App 291, the pretrial statement controls the subsequent course of action in a case. The statement must be considered an order of the court. In view of plaintiff’s failure to comply with the order, the trial judge did not abuse his discretion in refusing to allow plaintiff to amend his complaint at such a late date and granting a summary judgment.
Affirmed. Costs to defendants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.