Opinion
Docket No. 151421. COA No. 318927.
02-05-2016
Tod McLAIN, Personal Representative of the Estate of Tracy McLain, Plaintiff–Appellant, v. LANSING FIRE DEPARTMENT, City of Lansing, and Jeffrey Williams, Defendants–Appellees, and Michael Demps, Defendant.
Opinion
On order of the Court, the application for leave to appeal the March 3, 2015 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 action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the hospital intern's medical progress notes indicating that the plaintiffs decedent had been observed with the breathing tube lodged in her esophagus were admissible evidence; and (2) if so, whether the Court of Appeals correctly ruled that even if they were admissible, the notes were insufficient to create a question of fact as to whether the defendants were grossly negligent. The parties should not submit mere restatements of their application papers.