Opinion
SC 166074 (33) COA 366020
10-25-2024
ROSEANN PADULA, as Personal Representative of the ESTATE OF GERALD WEILANDT, JR., Plaintiff-Appellee, v. CHRISTA BROUTIN, D.O., EDWARD CHI, D.O., INPATIENT CONSULTANTS OF MICHIGAN, PC, and McLAREN MACOMB, d/b/a MT. CLEMENS REGIONAL MEDICAL CENTER, Defendants, and FERNANDO GAMARRA, M.D. and TRI-COUNTY GASTROENTEROLOGY, Defendants-Appellants.
Macomb CC: 2019-005105-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 January 26, 2024, the application for leave to appeal the August 3, 2023 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 motion to respond is GRANTED. 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 Macomb Circuit Court's November 4, 2022 order granting summary disposition, February 10, 2023 order granting reconsideration, and March 28, 2023 order denying reconsideration, and we 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.