Order Michigan Supreme Court
Lansing, Michigan
March 9, 2011 Robert P. Young, Jr.,
Chief Justice
141727 & (70)(72) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
ESTATE OF DANIEL D. JILEK, by JOY Mary Beth Kelly
A. JILEK, Personal Representative, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 141727
COA: 289488
Washtenaw CC: 05-000268-NH
CARLIN C. STOCKSON, M.D., and EPMG
OF MICHIGAN,
Defendants-Appellants,
and
MAPLE URGENT CARE, d/b/a MAPLE
HEALTH BUILDING, TRINITY HEALTH-
MICHIGAN, CATHERINE MCAULEY
HEALTH CENTER, IRWIN M. LUTWIN,
CARPENTER HEALTH CARE, d/b/a
CARPENTER HEALTH CENTER, and
ROBERT E. ANDERSON,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the July 29, 2010
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 peremptory action. MCR
7.302(H)(1). At oral argument, the parties shall address: (1) whether the Court of
Appeals erred in reversing the jury verdict in favor of the defendants on the basis of its
conclusion that the trial court erred in determining the applicable standard of care, and (2)
whether the Court of Appeals erred in holding that evidence of the defendants’ internal
policies and procedures should have been admitted at trial. The parties may file
supplemental briefs within 42 days of the date of this order, but they should not submit
mere restatements of their application papers.
2
The motions for leave to file brief amicus curiae are GRANTED. The Michigan
Association for Justice, Michigan Health and Hospital Association, 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.
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.
March 9, 2011 _________________________________________
d0302 Clerk