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STATE OF MICHIGAN COURT OF APPEALS

MARILYN J. KIEFER and GEORGE KIEFER, Plaintiffs-Appellants, v JOHN M. MARKLEY, M.D., and CENTER FOR PLASTIC AND RECONSTRUCTIVE SURGERY, P.C., Defendants-Appellees.

FOR PUBLICATION April 28, 2009 9:00 a.m. No. 280769 Washtenaw Circuit Court LC No. 05-001137-NH

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Before: Whitbeck, P.J., and O'Connell and Owens, JJ. OWENS, J. Plaintiffs appeal as of right the trial court's order granting defendants' motion in limine to strike plaintiffs' expert witness, Dr. Frederick A. Valauri, pursuant to MCL 600.2169(1)(b). We consider this case without oral argument, pursuant to MCR 7.214(E), and affirm. Issues of statutory construction are reviewed de novo on appeal. Wickens v Oakwood Healthcare Sys, 465 Mich 53, 59; 631 NW2d 686 (2001); Grossman v Brown, 470 Mich 593, 598; 685 NW2d 198 (2004). However, a trial court's ruling regarding a proposed expert's qualifications to testify is reviewed for an abuse of discretion. Woodard v Custer, 476 Mich 545, 557; 719 NW2d 842 (2006); Wolford v Duncan, 279 Mich App 631, 637; 760 NW2d 253 (2008). An abuse of discretion occurs when the decision results in an outcome falling outside the range of principled outcomes. Woodard, supra at 557, citing Novi v Robert Adell Children's Funded Trust, 473 Mich 242, 254; 701 NW2d 144 (2005). When interpreting a statute, the primary goal is to give effect to the Legislature's intent. Brown v Detroit Mayor, 478 Mich 589, 593; 734 NW2d 514 (2007); Grossman, supra at 598. The language of the statute must first be reviewed. Judicial construction is neither required nor permitted if the statute is unambiguous on its face. It is assumed the Legislature intended the words expressed if the statute is unambiguous. Brown, supra at 593; Grossman, supra at 598. Courts may consult dictionary definitions of terms that are not defined in a statute. Woodard, supra at 561; People v Perkins, 473 Mich 626, 639; 703 NW2d 448 (2005). Plaintiffs argue that the trial court erred by finding that the language "devoted a majority of his or her professional time" in MCL 600.2169(1)(b) requires a physician to devote more than 50 percent of his or her professional time to the relevant specialty in order to be qualified to

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testify as an expert witness. Plaintiffs further argue that the 30 to 40 percent of Dr. Valauri's time that was devoted to hand surgery constituted the majority of his professional time spread among the three different areas in which he practiced (hand surgery, reconstructive surgery of the extremities, and cosmetic surgery) and as such should be sufficient to qualify him to testify for purposes of MCL 600.2169(1)(b). We disagree. The only issue in this case is whether Dr. Valauri devoted a sufficient amount of time to hand surgery in his practice to qualify as an expert witness under MCL 600.2169, which provides in relevant part as follows: (1) In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and meets the following criteria: (a) If the party against whom or on whose behalf the testimony is offered is a specialist, specializes at the time of the occurrence that is the basis for the action in the same specialty as the party against whom or on whose behalf the testimony is offered. However, if the party against whom or on whose behalf the testimony is offered is a specialist who is board certified, the expert witness must be a specialist who is board certified in that specialty. (b) Subject to subdivision (c), during the year immediately preceding the date of the occurrence that is the basis for the claim or action, devoted a majority of his or her professional time to either or both of the following: (i) The active clinical practice of the same health profession in which the party against whom or on whose behalf the testimony is offered is licensed and, if that party is a specialist, the active clinical practice of that specialty. [Emphasis added.] The "specialty requirement is tied to the occurrence of the alleged malpractice and not unrelated specialties that a defendant physician may hold." Tate v Detroit Receiving Hosp, 249 Mich App 212, 218; 642 NW2d 346 (2002). In Woodard, the Court quoted the language of MCL 600.2169(1)(b), noting: Obviously, a specialist can only devote a majority of his professional time to one specialty. Therefore it is clear that

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