Opinion
Docket No. 138952.COA No. 281136.
2012-03-23
Myriam VELEZ, Plaintiff–Appellee/Cross–Appellant, v. Martin TUMA, M.D., Defendant–Appellant/Cross–Appellee.
Prior report: 488 Mich. 903, 789 N.W.2d 440.
Order
On order of the Court, on the Court's own motion, the plaintiff's application for leave to appeal as cross-appellant is reconsidered, and it is GRANTED. The parties are invited to file supplemental briefs limited to the issue raised in that cross-application, and whether Markley v. Oak Health Care, 255 Mich.App. 245, 250, 660 N.W.2d 344 (2003), correctly decided that the common law setoff rule applies in medical malpractice actions where joint and several liability is imposed. The plaintiff's brief shall be filed no later than April 13, 2012, and the defendant's brief shall be filed no later than May 4, 2012.