Order Michigan Supreme Court
Lansing, Michigan
June 18, 2010 Marilyn Kelly,
Chief Justice
139978 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
DUJUAN LIGONS, Personal Representative of Diane M. Hathaway,
the Estate of EDRIS LIGONS, Justices
Plaintiff-Appellant,
v SC: 139978
COA: 278622
Oakland CC: 06-073762-NH
CRITTENTON HOSPITAL, a/k/a CRITTENTON
HOSPITAL MEDICAL CENTER, DAVID
BRUCE BAUER, M.D., and ROCHESTER
EMERGENCY GROUP, P.C.,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 18, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the plaintiff may amend his
affidavits of merit in light of Bush v Shabahang, 484 Mich 156 (2009), and/or MCL
600.2301, and (2) whether the recent amendment of MCR 2.118 applies to the plaintiff’s
affidavits of merit.
The Michigan Association for Justice and the 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.
CORRIGAN, J. (dissenting in part).
I would not grant leave with regard to question “(2) whether the recent amendment
of MCR 2.118 applies to the plaintiff’s affidavits of merit.” This question was expressly
resolved by this Court’s February 16, 2010 order amending MCR 2.118. The order
specified that the amendment was “effective May 1, 2010.” 485 Mich ccxvi (2010).
Clearly the amendment cannot apply here; it took effect not only long after plaintiff filed
his affidavits of merit, but after the Court of Appeals issued its opinion and, indeed, even
after plaintiff filed his application in this Court. Accordingly, we waste time and
2
resources—of the parties, of organizations filing briefs amicus curiae, and of this Court—
by directing the parties to address whether the amended version of MCR 2.118 should
apply in this case.
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 18, 2010 _________________________________________
y0615 Clerk