Opinion
SC 165442 COA 359859
10-25-2024
EUGENE PEREZ, Plaintiff-Appellee, v. JOSHUA S. FALEY, D.P.M. and MICHIGAN FOOT AND ANKLE, P.C., Defendants-Appellants, and WILLIAM BEAUMONT HOSPITAL, DANIEL PETERSON, D.P.M., and JACOB MEISENBURG, D.P.M., Defendants.
Wayne CC: 19-016317-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 August 22, 2023, the application for leave to appeal the February 2, 2023 judgment 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 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 judgment of the Court of Appeals and the December 20, 2021 order of the Wayne Circuit Court and 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.