Opinion
SC: 162302 COA: 349522
12-22-2022
Joelynn T. STOKES, Personal Representative of the Estate of Linda Horn, Plaintiff-Appellee, v. Michael J. SWOFFORD, D.O., and Southfield Radiology Associates, PLLC, Defendants-Appellants.
Order
On December 8, 2022, the Court heard oral argument on the application for leave to appeal the October 22, 2020 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, 719 N.W.2d 842 (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, 613 N.W.2d 307 (2000) ; (3) if Woodard should be retained, whether a defendant's practice of only a single medical specialty affects the application of Woodard ’s "one most relevant specialty" requirement, 476 Mich. at 560, 719 N.W.2d 842 ; (4) if Woodard was not correctly decided and should not be retained, the test that should be applied under MCL 600.2169(1) ; 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 Selliman v Colton, MD (Docket No. 163226).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. The American Medical Association and Michigan Defense Trial Counsel, Inc., 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.