Order Michigan Supreme Court
Lansing, Michigan
July 21, 2006 Clifford W. Taylor,
Chief Justice
130872 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DESERAI LAWSON, Next Friend of ZHIMON Robert P. Young, Jr.
BINGHAM, a Minor, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 130872
COA: 256388
Wayne CC: 03-314614-NO
KREATIVE CHILD CARE CENTER, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 23, 2006
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(G)(1). At oral argument, the parties shall address only the issue whether the
statements made by plaintiff’s son to plaintiff, identifying his attacker, and then repeated
by plaintiff to her son’s physician, are admissible under MRE 803(4) as “[s]tatements
made for the purposes of medical treatment or diagnosis . . . .” The parties may file
supplemental briefs within 42 days of the date of this order, but they should avoid
submitting a mere restatement of the arguments made in their application papers.
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.
July 21, 2006 _________________________________________
d0718 Clerk