Kirkaldy v. Rim

Memorandum Opinion. The issue presented in this case concerns the proper disposition of a medical-malpractice lawsuit after a court determines that the plaintiffs affidavit of merit does not meet the requirements of MCL 600.291.2d.1 The Court of Appeals held that, because plaintiffs’ affidavit of merit was determined to be defective, plaintiffs’ claim must be dismissed with prejudice. Kirkaldy v Rim (On Remand), 266 Mich App 626, 636-637; 702 NW2d 686 (2005). However, the majority of the panel indicated that it would not reach that result if it were not bound by Mouradian v Goldberg, 256 Mich…