NELSON v. AMERICAN STERILIZER COMPANY, 453 Mich. 946 (1996)

554 N.W.2d 898

No. 105168.Supreme Court of Michigan.
November 13, 1996.

Summary Dispositions November 13, 1996:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is vacated except as it applies to the discovery order concerning Dr. Stawick, and the case is remanded to that Court for further consideration in light of this order. MCR 7.302(F)(1). The issue of the admissibility of the testimony of Dr. Bowles and Dr. Green must be determined under MRE 702. On remand, the Court is to review the propriety of the trial court’s exclusion of the expert evidence under MRE 702. In making that determination, the Court is to specifically address defendant’s argument concerning the appropriateness of the witnesses’ reliance on animal studies in preference to existing epidemiological studies. If the Court determines that the evidence is admissible, it is to provide a summary of the recognized scientific principles supporting that testimony. Following a determination of the admissibility of the evidence, the Court is to consider the propriety of the trial court’s order dismissing the complaint. Leave to file briefs amici curiae is granted. Jurisdiction is not retained. Reported below:212 Mich. App. 589.