Order Michigan Supreme Court
Lansing, Michigan
February 5, 2016 Robert P. Young, Jr.,
Chief Justice
151421 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
TOD McLAIN, Personal Representative of the Joan L. Larsen,
ESTATE OF TRACY McLAIN, Justices
Plaintiff-Appellant,
v SC: 151421
COA: 318927
Ingham CC: 11-000859-NH
LANSING FIRE DEPARTMENT, CITY OF
LANSING, and JEFFREY WILLIAMS,
Defendants-Appellees,
and
MICHAEL DEMPS,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 3, 2015
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
7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this
order addressing: (1) whether the hospital intern’s medical progress notes indicating that
the plaintiff’s decedent had been observed with the breathing tube lodged in her
esophagus were admissible evidence; and (2) if so, whether the Court of Appeals
correctly ruled that even if they were admissible, the notes were insufficient to create a
question of fact as to whether the defendants were grossly negligent. The parties should
not submit mere restatements of their application papers.
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.
February 5, 2016
t0202
Clerk