Bivens v. Detroit Osteopathic Hospital, 60580
| Decision Date | 19 July 1978 |
| Docket Number | No. 60580,60580 |
| Parties | Nannie BIVENS, Administratrix of the Estate of James Bivens, Deceased, Plaintiff-Appellee. v. DETROIT OSTEOPATHIC HOSPITAL, Defendant-Appellant. 403 Mich. 820, 282 N.W.2d 926 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals is REVERSED and the cause is REMANDED to Wayne Circuit Court for further proceedings. As we held in Jones v. Bloom, 388 Mich. 98, 200 N.W.2d 196 (1972), learned treatises are admissible for impeachment purposes. We declined to make learned treatises admissible as substantive evidence in the recently promulgated Michigan Rules of Evidence. Compare Federal Rule of Evidence 803(18). The trial judge thus erred by allowing plaintiff's counsel to read to the jury excerpts from a medical textbook. Given counsel's extended references to the textbook during his closing argument, we cannot agree with the Court of Appeals that the effect of this evidence "was probably minimal." 77 Mich.App. 478, 491, 258 N.W.2d 527 (1977).
To continue reading
Request your trial
-
Craig v. Oakwood Hosp.
......v. . OAKWOOD HOSPITAL and Henry Ford Hospital, d/b/a Henry Ford Health System, .... Submitted October 8, 2001, at Detroit. . Decided February 1, 2002, at 9:15 a.m. . Released for .... In Bivins v. Detroit Osteopathic Hosp., 77 Mich.App. 478, 258 N.W.2d 527 (1977), rev'd 403 ......
-
Air Crash Disaster, In re
......Nagi, Paskin, Nagi, & Baxter, Detroit, MI, Carroll E. Dubuc, Michael H. Selter (argued and ... violation of professional responsibility code), and Bivens v. Detroit Osteopathic Hosp., 77 Mich.App. 478, 258 N.W.2d ......
-
Douglas v. Freeman
...... as this is based on a nondelegable duty that a hospital owes directly to its patients. 7 One commentary [814 ... Consultation, 12 A.L.R.4th 57, 61 (1982); see also Bivens v. Detroit Osteopathic Hosp., 77 Mich.App. 478, 487-88, 258 ......
-
Wilson v. Stilwill
...is required. See, e. g., Bivens v. Detroit Osteopathic Hospital, 77 Mich.App. 478, 258 N.W.2d 527 (1977), rev'd on other grounds 403 Mich. 820 (1978); Brandon v. Art Centre Hospital (Osteopathic), 366 F.2d 369 (CA 6, We have reviewed the testimony in the light most favorable to the plaintif......