Opinion
Docket No. 103892.
October 5, 1997. Summary Disposition February 4, 1998.
The cause having been briefed and orally argued, the order of March 7, 1997, 454 Mich. 873, granting leave to appeal is vacated. The factual record is not sufficiently developed to allow a medical monitoring damages. Accordingly, that portion of the Court of Appeals decision which holds that medical monitoring expenses are a compensable item of damages is vacated. The circuit court's decision to grant the motion for summary disposition was based, in part, on its having taken judicial notice of certain facts. The Court of Appeals correctly held that the Court should not have taken judicial notice, making the grant of summary disposition improper. Thus, the case is remanded to the circuit court for further proceedings. In all other respects leave to appeal is denied.
Reported below: ( On Remand) 210 Mich. App. 491.
Reconsideration denied April 1, 1998.