The opinion
Order Michigan Supreme Court
Lansing, Michigan
December 13, 2006 Clifford W. Taylor,
Chief Justice
131184 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JOCELYN BROWN, and Robert P. Young, Jr.
DONALD BROWN, Stephen J. Markman,
Justices
Plaintiffs-Appellees,
v SC: 131184
COA: 256966
Ingham CC: 01-093606-NH
AMY S. HAYES, INGHAM
REGIONAL MEDICAL CENTER,
WORK IMPROVEMENT
REHABILITATION CENTER,
and LEANN G. WITGEN,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the April 4, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the portion of the Court of Appeals
judgment affirming the trial court's decision to strike defendants' affidavit of meritorious
defense. The plain language of MCL 600.2912e(1) only requires that an attorney
reasonably believe that the expert meets the requirements of MCL 600.2169; it does not
require that the expert actually meet those requirements. Grossman v Brown, 470 Mich
593, 599 (2004) (addressing identical language in MCL 600.2912d). Since the Court of
Appeals concluded in this case that defense counsel reasonably believed that his expert
was qualified under MCL 600.2169 because of that statute's reference to a "licensed . . .
health professional," it should have also found that the affidavit was sufficient under
MCL 600.2912e and reversed the order striking the affidavit. In all other respects, leave
to appeal is DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court.
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.
December 13, 2006 _________________________________________
l1206 Clerk