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BATES v. GILBERT

Docket Nos. 129564-129567, 129569-129572.

736 N.W.2d 566 (2007)

Joeann BATES, Plaintiff-Appellee, v. Dr. Sidney GILBERT, Defendant-Appellee and D & R Optical Corporation d/b/a Health Center Optical, Defendant-Appellant. Joeann Bates, Plaintiff-Appellee/Cross-Appellant, v. Dr. Sidney Gilbert, Defendant-Appellant/Cross-Appellee, and D & R Optical Corporation d/b/a Health Center Optical, Defendant-Appellee/Cross-Appellee.

Supreme Court of Michigan.

July 25, 2007.

Attorney(s) appearing for the Case

Mark Granzotto, P.C. (by Mark Granzotto), Royal Oak, and Worsham, Victor & Ahmad, P.C. (by Richard B. Worsham), Southfield, for Joeann Bates.

Plunkett & Cooney, P.C. (by Robert G. Kamenec and Kristen M. Tolan), Bloomfield Hills, for Sidney Gilbert.

Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Ronald S. Lederman), Southfield, for D & R Optical Corporation.

OPINION

PER CURIAM.

At issue is whether under MCL 600.2912d(1) plaintiff's counsel could have reasonably believed that plaintiff's 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 plaintiff's counsel could not have reasonably believed that an ophthalmologist is qualified to testify against an optometrist, we reverse the judgment...

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