Opinion
Docket No. 149344. COA No. 310652.
11-26-2014
Susan FURR and William Furr, Plaintiffs–Appellees/Cross–Appellants, v. Michael McLEOD, M.D., Tara B. Mancl, M.D., Michigan State University Kalamazoo Center for Medical Studies, Inc., and Borgess Medical Center, Defendants–Appellants/Cross–Appellees.
Order
On order of the Court, the application for leave to appeal the April 10, 2014 judgment of the Court of Appeals and the application for leave to appeal as cross-appellants are considered. We direct the Clerk to schedule oral argument on whether to grant the application for leave to appeal or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address whether Zwiers v. Growney, 286 Mich.App. 38, 778 N.W.2d 81 (2009), was overruled by this Court's decision in Driver v. Naini, 490 Mich. 239, 802 N.W.2d 311 (2011). The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.
We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in Tyra v. Organ Procurement Agency of Michigan (Docket Nos. 148079, 148087).
The application for leave to appeal as cross-appellants is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.