Bates v. Gilbert
Michigan Supreme Court
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
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
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