Opinion
SC 164658 COA 360359
10-25-2024
AUDREY BRASFIELD, Individually and as Personal Representative of the ESTATE OF WAYNE BRASFIELD, Plaintiff-Appellee, v. EVERGREEN NURSING CENTER LIMITED PARTNERSHIP and DOAA ELGAMAL, R.N., Defendants-Appellants.
Oakland CC: 2019-176447-NH
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of November 30, 2022, the application for leave to appeal the June 29, 2022 order of the Court of Appeals was held in abeyance pending the decision in Danhoff v Fahim, MD (Docket No. 163120). On order of the Court, the case having been decided on July 8, 2024, __Mich__ (2024), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Oakland Circuit Court's January 28, 2022 order denying summary disposition and REMAND this case to the circuit court for a determination as to whether it is necessary to hold an evidentiary hearing under Daubert v Merrell Dow Pharm, Inc, 509 U.S. 579 (1993), and for consideration, in light of Danhoff, of whether the plaintiff's expert's opinions are admissible under MRE 702 and MCL 600.2955.
We do not retain jurisdiction.