Order Michigan Supreme Court
Lansing, Michigan
April 29, 2015 Robert P. Young, Jr.,
Chief Justice
149955 & (55) Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
JEFFREY CULLUM, David F. Viviano
Plaintiff-Appellee, Richard H. Bernstein,
Justices
v SC: 149955
COA: 313739
Wayne CC: 10-007013-NH
FREDERICK L. LOPATIN, D.O.,
Defendant-Appellant,
and
DEARBORN EAR, NOSE, AND THROAT
CLINIC, P.C.,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 10, 2014
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing whether: (1) the trial court was required to consider all of the factors outlined
in MCL 600.2955(1) in light of Edry v Adelman, 486 Mich 634 (2010); (2) the trial court
abused its discretion in holding that plaintiff’s expert’s opinion was inadmissible under
MRE 702 because it was based on speculation; and (3) the Court of Appeals applied the
correct standard of review. The parties should not submit mere restatements of their
application papers.
The Michigan Association for Justice and Michigan Defense Trial Counsel, Inc.
are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
The motion to expand the record is DENIED.
I, Larry S. Royster, 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.
April 29, 2015
d0422
Clerk