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Court of Appeals, State of Michigan ORDER
Jane E. Markey Estate of Barbara Johnson v Robert F. Kowalski, MD Docket No. LC No. 297066 07-020602-NH
Presiding Judge

Deborah A. Servitto Amy Ronayne Krause
Judges

The Court orders that the May 29, 2012, published per curiam opinion in this case is AMENDED in two respects. First, the opening sentence of the first paragraph on page 6 is amended to read: "Following the trial court's advice, and as he did in his opening statement, plaintiffs counsel argued that the defense in this case was fabricated, that the Dr. Urse's affidavit indicated that there was no meeting between Dr. Urse and Dr. Kowalski, that Dr. Urse did not come to Mrs. Johnson's room between 2:53 and 3:00 p.m. as the two doctors testified." Second, footnote 2 is added to the fourth sentence of the final paragraph on page 6 so that the sentence and footnote shall read: Being inconsistent, plaintiff argues, the trial court should have admitted them for 2 impeachment purposes

2

We note that MRE 411 plays no role in this decision.

MRE 411 does not preclude

evidence of liability insurance if introduced for relevant reasons other than proving a person acted negligently or otherwise wrongfully. Dr. Urse is not a party to this action. The communications between plaintiffs counsel and the insurance adjuster for Dr. Urse's insurer are admissible because they bear on Dr. Urse's credibility as a witness, not on his conduct on the day in question. In all other respects, the May 29, 2012 opinion remains unchanged.

A true copy entered and certified by Larry S. Royster, Chief Clerk, on

JUN 21 2012
Date



Download ESTATE OF BARBARA JOHNSON V ROBERT F KOWALSKI MD.pdf

Michigan Law