Order Michigan Supreme Court
Lansing, Michigan
June 22, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
138952(69) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
MYRIAM VELEZ, Brian K. Zahra,
Justices
Plaintiff-Appellee,
v SC: 138952
COA: 281136
Wayne CC: 04-402161-NH
MARTIN TUMA, M.D.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s October 22,
2010 order is considered, and it is GRANTED. We VACATE that part of our order that
denied the application for leave to appeal the April 16, 2009 judgment of the Court of
Appeals. On reconsideration, the application for leave to appeal is considered, and it is
GRANTED, limited to the issue whether the Court of Appeals correctly held that the
setoff amount in this case was properly set off against the jury verdict, before application
of the noneconomic damages cap of MCL 600.1483 and calculation of the final
judgment.
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.
June 22, 2011 _________________________________________
d0615 Clerk