Opinion
No. 116216 (21).
February 8, 2000.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the January 6, 2000 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the matter to the trial court for further proceedings. The trial court abused its discretion in denying defendants' motion for an independent medical examination for genetic testing of plaintiff Sarah Swagler. On remand, the trial court shall grant the motion for an independent medical examination to determine if plaintiff Sarah Swagler has Prader-Willi Syndrome. The parties shall meet within 21 days of this order and agree on an expert witness to conduct such examination at defendants' expense. In the event that the parties are unable to agree on an expert, each shall present the trial court with a list of experts, including their qualifications, from which the trial court shall choose an examiner. Further proceedings shall be stayed until such examination is completed and the results of the examination are provided to the parties and to the trial court in accordance with MCR 2.311(B).
We do not retain jurisdiction.
Young, Jr., J., not participating.
Court of Appeals No. 222854.