Opinion
SC 163226 COA 352781
12-22-2022
ANTONIO SELLIMAN, Plaintiff-Appellant, v. JEFFREY J. COLTON, M.D., JEFFREY J. COLTON, PLLC, and COLTON CENTER, Defendants-Appellees.
Oakland CC: 2018-167068-NH
Elizabeth T. Clement, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On December 8, 2022, the Court heard oral argument on the application for leave to appeal the May 20, 2021 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether Woodard v Custer, 476 Mich. 545 (2006), was correctly decided and is consistent with the requirements of MCL 600.2169(1); (2) if not, whether it should nonetheless be retained under principles of stare decisis, Robinson v City of Detroit, 462 Mich. 439, 463-468 (2000); (3) if the "one most relevant specialty" test as set forth in Woodard is not consistent with MCL 600.2169(1) and should not be retained, the test that should be applied; (4) if Woodard's interpretation of "majority of . . . professional time" is not consistent with MCL 600.2169(1) and should not be retained, the correct interpretation; and (5) whether the Court of Appeals reached the right result under the proper application of the requirements of MCL 600.2169 in this case. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
We further 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 Stokes v Swofford, DO (Docket No. 162302).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. The Michigan Association for Justice, Michigan Defense Trial Counsel, Inc., and the Negligence Law Section of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.