Michigan Supreme Court July 30, 1998, 107884, Calendar No. 10 (St Luke's Hospital v. Giertz)

Cavanagh, J.

In this case, we are asked to decide whether the plaintiff may proceed with a separate indemnification action against the defendant after settling the underlying complaint for active and passive negligence, despite failing to obtain summary disposition in regard to its active negligence or give the defendant an opportunity to participate in the settlement negotiations of the