Opinion
No. 126375 (25) (26) (27).
June 25, 2004.
SC: 126375, COA: 255352, Wayne CC: 02-237229-NM.
On order of the Court, the motion for immediate consideration is GRANTED. The motion for a stay of proceedings is considered, and it is GRANTED. Proceedings in the Wayne Circuit Court are STAYED until further order of this Court. The application for leave to appeal the June 11, 2004 order of the Court of Appeals remains pending.
Cavanagh and Kelly, JJ., would deny the motion for a stay and the application for leave to appeal.
I would deny the motion for a stay of proceedings and would deny leave. Pursuant to MCL 600.2912e, a defendant's attorney must reasonably believe that the expert who signed its affidavit of meritorious defense meets the requirements for an expert witness under MCL 600.2169. Similarly, pursuant to MCL 600.2912d, plaintiff's attorney must reasonably believe that the expert who signs plaintiff's affidavit of merit meets the requirements for an expert witness under MCL 600.2169. In this case, defendants' affidavit of meritorious defense was signed by an expert who has the same qualifications as plaintiff's expert. Both parties' experts are licensed dentists, but neither is licensed to practice medicine. It is, therefore, illogical to suggest that plaintiff's attorney was unreasonable to believe that plaintiff's expert was qualified under the statute. Staying the trial under these circumstances is an unnecessary delay and a waste of judicial resources.