Order Michigan Supreme Court
Lansing, Michigan
September 30, 2009 Marilyn Kelly,
Chief Justice
138180-1 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
RAYMOND O’NEAL, Stephen J. Markman
Plaintiff-Appellant, Diane M. Hathaway,
Justices
v SC: 138180, 138181
COA: 277317, 277318
Wayne CC: 05-515351-NH
ST. JOHN HOSPITAL & MEDICAL CENTER,
RALPH DILISIO, M.D., and EFSTATHIOS
TAPAZOGLOU, M.D.,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the November 4, 2008
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 requirements set forth in the
second sentence of MCL 600.2912a(2) apply in this case; (2) if not, whether the plaintiff
presented sufficient evidence to create a genuine issue of fact with regard to whether the
defendants’ conduct proximately caused his injury, or (3) if so, whether Fulton v William
Beaumont Hosp, 253 Mich App 70 (2002), was correctly decided, or whether a different
approach is required to correctly implement the second sentence of § 2912a(2).
The Clerk of the Court is directed to place this case on the January 2010 session
calendar for argument and submission. Appellant’s brief and appendix must be filed no
later than November 13, 2009, and appellees’ brief and appendix, if appellees choose to
submit an appendix, must be filed no later than December 4, 2009.
The Michigan State Medical Society, Michigan Health and Hospital Association,
Michigan Association for Justice, and Michigan Defense Trial Counsel, Inc., are invited
to file briefs amicus curiae, to be filed no later than December 16, 2009. 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, to be filed no later than December 16,
2009.
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.
September 30, 2009 _________________________________________
0930 Clerk