Dustin Rock v. Dr K Thomas Crocker

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 3, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

150719 Brian K. Zahra Bridget M. McCormack

David F. Viviano

DUSTIN ROCK, Richard H. Bernstein, Plaintiff-Appellee, Justices

v SC: 150719 COA: 312885 Kent CC: 10-006307-NM

DR. K. THOMAS CROCKER and DR. K. THOMAS CROCKER, D.O., P.C., Defendants-Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the November 18, 2014 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the lower courts erred in concluding that allegations relating to violations of the standard of care that the plaintiff’s expert admitted did not cause the plaintiff’s injury were admissible as evidence of negligence; and (2) whether the Court of Appeals erred in holding that, if the defendant is a board-certified specialist, MCL 600.2169(1)(a) only requires an expert to be board certified in that same specialty at the time of the malpractice, and not at the time of trial.

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.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 3, 2015

d0527

Clerk