Legal Opinion

Bates v. Gilbert

Michigan Supreme Court

Decided July 25, 2007No. Docket 129564 to 129567, 129569 to 129572PublishedCited by 10 opinions

1Per curiam

At issue is whether, under MCL 600.2912d(l), plaintiffs counsel could have reasonably believed that plaintiffs proposed expert witness, an ophthalmologist, was qualified to sign an affidavit of merit under MCL 600.2169 offered against defendant, an optometrist. Because we conclude that plaintiffs counsel could not have reasonably believed that an ophthalmologist is qualified to testify against an optometrist, we reverse the judgment of the Court of Appeals and remand this case to the trial court for the entry of a dismissal without prejudice.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff brought…

2Cases cited15 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Cox v. Flint Board of Hospital ManagersMichigan Supreme Court · 2002
  3. Johanna Woodard v. University of Mich Medical CtrMichigan Supreme Court · 2006
  4. Kirkaldy v. RimMichigan Supreme Court · 2007
  5. Grossman v. BrownMichigan Supreme Court · 2004

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3Cited by10 opinions

  1. Cox v. Eric J. Hartman, M.D., & Blue Water Obstetrics & Gynecology Prof'l Corp.Michigan Court of Appeals · 2017
  2. Bennett v. New Milford Hospital, Inc.Supreme Court of Connecticut · 2011
  3. Michigan Pipe & Valve-Lansing, Inc. v. Hebeler Enterprises, Inc.Michigan Court of Appeals · 2011
  4. Angelina a Cox v. Eric J Hartman MdMichigan Court of Appeals · 2017
  5. Brian Potter v. Richard C McLeary MdMichigan Supreme Court · 2009

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