Michigan Supreme Court
, Lansing, Michigan
0 125 Clifford \Y/`. Taylor
Chiefjustjce
Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
5 Maura D. Corrigan
Robert P. Young, ]r.
Stephen Markman
justices
SHIRLEY HAMILTON, Personal Representative
of the ESTATE OF ROSALIE ACKLEY,
Plaintiff-Appellee,
and
BLUE CROSS BLUE SHIELD,
Intervening Plaintiff,
SC: 126275
v C()A: 244126
Saginaw CC: O0-O33440-NH
MARK F. KULIGOWSKI, D.O.,
Defendant-Appellant.
/
On order of the Court, the application for leave to appeal the April 22, 2004
. judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues to be briefed: (l) the proper construction of the words
"specialist" and "that specialty" in MCL 6()().2l69(l)(a) and MCL 600.2l69(l)(b)(i); and
(2) the proper construction of "active clinical practice" and "active clinical practice of that
specialty" as those terms are used in MCL 600.2l69(l)(b)(i).
The American Osteopathic Association’s Bureau of Osteopathic Specialists, the
Accreditation Council for Graduate Medical Education, and the Council of Medical
Specialty Societies are invited to file briefs amicus curiae. ()ther 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.
WEAVER, J., concurs and states as follows:
l concur in the Court’s decision to grant leave to appeal l write to emphasize that
the issues of interpretation of MCL 600.2169 presented in this case are integrally related to
the issues presented in Woodard v Custer, 473 Mich ____ (2005). As I stated in my
concurrence with the order granting leave to appeal in Woodard, "[h]ow this Court
interprets specialty and board certified in subpart l(a) of MCL 600.2169 significantly
affects the ability of a party to a medical malpractice action to find an expert qualified to
. testify." _ The same can be said regarding how this Court interprets "active clinical practice"
and "active clinical practice of that specialty" in subpart l(b)(i) of MCL 600.2169.
d0705
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.
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U d clerk