Joeann Bates v. Dr Sidney Gilbert ( 2006 )

Order Michigan Supreme Court
Lansing, Michigan
October 25, 2006 Clifford W. Taylor,
Chief Justice
129564-67 Michael F. Cavanagh
129569-72 & (70) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
JOEANN BATES, Justices
Plaintiff-Appellee,
v SC: 129564-67
COA: 252022, 252047,
252792, and 252793
DR. SIDNEY GILBERT, Wayne CC: 03-308969-NH
Defendant-Appellee,
and
D&R OPTICAL CORPORATION,
d/b/a HEALTH CENTER OPTICAL,
Defendant-Appellant.
_________________________________________/
JOEANN BATES,
Plaintiff-Appellee/
Cross-Appellant,
v SC: 129569-72
COA: 252022, 252047,
252792, and 252793
DR. SIDNEY GILBERT, Wayne CC: 03-308969-NH
Defendant-Appellant/
Cross-Appellee,
and
D&R OPTICAL CORPORATION,
d/b/a HEALTH CENTER OPTICAL,
Defendant-Appellee/
Cross-Appellee.
_________________________________________/
On order of the Court, the applications for leave to appeal the August 16, 2005
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. We direct the Clerk to schedule oral argument on whether to
grant the applications or take other peremptory action. MCR 7.302(G)(1). At oral
2
argument, the parties shall address whether the requirements of MCL 600.2912d(1)(a)-(d)
are satisfied if: (1) a plaintiff files a single affidavit of merit that is signed by a health
professional who plaintiff’s counsel reasonably believes is qualified under MCL
600.2169 to address the standard of care, but who is not also qualified to address
causation; or (2) a plaintiff files a single affidavit of merit that is signed by a health
professional who plaintiff’s counsel reasonably believes is qualified under § 2169 to
address causation, but who is not also qualified to address the standard of care. The
parties shall also address whether § 2912d(1) permits or requires a plaintiff to file
multiple affidavits, signed by different health professionals, when a single health
professional is not qualified under § 2169 to testify about both the standard of care and
causation. The parties may file supplemental briefs within 42 days of the date of this
order, but they should avoid submitting a mere restatement of the arguments made in
their application papers.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 25, 2006 _________________________________________
d1018 Clerk