In McConner v New Horizon Rehab Services, Inc, No. 322922 (Mich Ct App March 31, 2016) the Michigan Court of Appeals considered the alleged statement of an unnamed employee when reviewing the trial court's prior granting of Summary Disposition against the estate's wrongful death claims. In McConner the decedent required well-known precautions when eating, including supervision. Prior to her death, however, the decedent ate a sandwich, ran to the bathroom, required assistance to be moved from the bathroom floor, and was later found to be having difficulty breathing. The decedent was ultimately rushed to the hospital and died of asphyxiation and other complications the next day. While at the hospital, an unnamed employee allegedly told one of the decedent’s family members that the decedent ran to the bathroom alone after eating; the employee also indicated that the decedent was left alone for sometime until the decedent’s instructor later followed after her. The Michigan Court of Appeals on reconsideration* determined that the trial court erred when it refused to consider evidence of the unidentified employee's alleged statement. The case was remanded to the trial court on these grounds and others for additional proceedings consistent with the Court of Appeals' opinion.

*This decision vacated and superseded the Court's prior decision in McConner v New Horizon Rehab Services, Inc, No. 322922 (Mich Ct App December 1, 2015).