# Sinai Hospital v. Sivak

> Michigan Court of Appeals · January 16, 1979 · 88 Mich. App. 68

URL: https://www.frixlaw.com/law-library/cases/9675496

## Case

- **Full name:** Sinai Hospital of Detroit v. Sivak
- **Court:** Michigan Court of Appeals
- **Decided:** January 16, 1979
- **Citations:** 88 Mich. App. 68; 276 N.W.2d 518; 1979 Mich. App. LEXIS 1947
- **Precedential status:** Published
- **Opinion:** Concurrence by Townsend
- **Judges:** Allen, Gillis, Townsend
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9675496

## Opinion text

J. E. Townsend, J.
(concurring in result). I concur in the result reached by Judge Allen based upon the following reasoning:
*76 Because 1974 PA 318 applies only to "torts committed on or after January 1, 1975”, GCR 201.2 requires that suit be brought in the name of the real party in interest which, in this case, is Insurance Company of North America, unless plaintiff’s action seeks to recover for payment of a joint or several judgment. Such exception is recognized by the language contained in MCL 600.2925(3); MSA 27A.2925(3), in effect prior to January 1, 1975.
Since Dr. Sivak was not a party joined in the prior action against Sinai Hospital, there could not have been and there was no joint or several judgment or order of dismissal with prejudice as to Dr. Sivak, and Insurance Company of North America’s payment was not a "discharge of the common liability” under a joint or several judgment.
The facts do not meet the applicable statutory condition precedent to permit suit in the name of the insured. Therefore, Insurance Company of North America must sue in its own name in accordance with the provisions of GCR 1963, 201.2.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675496. Public record. Not legal advice.