Estate of Tracy McLain v. City of Lansing Fire Department

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 5, 2016 Robert P. Young, Jr., Chief Justice

151421 Stephen J. Markman Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

TOD McLAIN, Personal Representative of the Joan L. Larsen, ESTATE OF TRACY McLAIN, Justices Plaintiff-Appellant,

v SC: 151421 COA: 318927 Ingham CC: 11-000859-NH

LANSING FIRE DEPARTMENT, CITY OF LANSING, and JEFFREY WILLIAMS, Defendants-Appellees,

and MICHAEL DEMPS, Defendant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 3, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the hospital intern’s medical progress notes indicating that the plaintiff’s decedent had been observed with the breathing tube lodged in her esophagus were admissible evidence; and (2) if so, whether the Court of Appeals correctly ruled that even if they were admissible, the notes were insufficient to create a question of fact as to whether the defendants were grossly negligent. The parties should not submit mere restatements of their application papers.

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.

February 5, 2016

t0202

Clerk