Opinion
360853
07-21-2022
Estate of Aldon Danforth Sr v. Ryan Ohlgart DPM
LC No. 20-004163-NH
Michael J. Riordan Presiding Judge Christopher M. Murray Kristina Robinson Garrett Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's March 10, 2022 order denying appellants' motion for summary disposition and REMAND this matter to that court for further proceedings consistent with this order. The trial court erred by failing to rule on the Daubert motion concerning the challenged expert testimony before considering that testimony as substantively admissible for purposes of summary disposition under MCR 2.116(C)(10). See Amorello v Monsanto Corp, 186 Mich.App. 324, 331-332; 463 N.W.2d 487 (1990) (holding that a party relying on expert opinion testimony to survive summary disposition bears the burden of demonstrating that such testimony will be admissible at trial, under MRE 702, before it can be properly considered for purposes of summary disposition); accord Estate of Smith v Fliegner, unpublished per curiam opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 343667). On remand, the trial court shall reconsider its ruling concerning summary disposition after first ruling on the Daubert challenge.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.