Order Michigan Supreme Court
Lansing, Michigan
June 3, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
150719 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
DUSTIN ROCK, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 150719
COA: 312885
Kent CC: 10-006307-NM
DR. K. THOMAS CROCKER and DR.
K. THOMAS CROCKER, D.O., P.C.,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the November 18, 2014
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
issues: (1) whether the lower courts erred in concluding that allegations relating to
violations of the standard of care that the plaintiff’s expert admitted did not cause the
plaintiff’s injury were admissible as evidence of negligence; and (2) whether the Court of
Appeals erred in holding that, if the defendant is a board-certified specialist, MCL
600.2169(1)(a) only requires an expert to be board certified in that same specialty at the
time of the malpractice, and not at the time of trial.
The Michigan Association for Justice, Michigan Defense Trial Counsel, Inc., and
the Negligence Law Section of the State Bar of Michigan 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.
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.
June 3, 2015
d0527
Clerk