Potter v. McLeary

I agree with the majority that the affidavits of merit filed in this case were defective. As counsel essentially conceded at oral argument, they did not contain any statement whatsoever on proximate cause because they did not state how the physicians’ alleged failures related to plaintiffs alleged injuries. Because no conforming affidavit was filed before December 8, 2003, when the limitations period expired, summary disposition under MCR 2.116(C)(7) was ostensibly appropriate.

However, I respectfully disagree with the majority’s dismissal of the possibility of retroactive amendment of the…