Saffian v. Simmons

The first question presented in this dental malpractice case is whether defendant, who chose not to respond to a summons and complaint because he believed it was accompanied by a technically deficient affidavit of merit under MCL 600.2912d(l), could be defaulted. The second question is, if the default was properly entered, did the trial court abuse its discretion under MCR 2.603(D)(1) in not setting it aside. The trial court and the Court of Appeals con- eluded that defendant was required to answer or otherwise timely respond to the complaint, notwithstanding the allegedly defective affidavit…