Estate of Maurice Ernest v. Paul W Brown Jr Md
368566
Mich. Ct. App.Mar 20, 2025Background
- Plaintiff, as personal representative of the decedent's estate, brought a wrongful death action rooted in alleged medical malpractice after the decedent died the day after being admitted for chest pain in July 2020.
- The probate court appointed plaintiff as personal representative on June 7, 2021.
- Plaintiff sent a notice of intent to sue on February 10, 2023, and filed the lawsuit on August 14, 2023.
- Defendants moved for summary disposition, arguing that the claims were barred by the statute of limitations.
- The trial court granted summary disposition under MCR 2.116(C)(7), finding the claims time-barred; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff's suit was timely under statute of limitations and savings provision | Notice tolling provision also applies to the savings statute, making the suit timely | Claims are untimely even with tolling; Waltz precludes tolling of savings provision | Held for defendants; complaint untimely |
| Whether Waltz v Wyse should control | Argues Waltz is incorrectly decided and contrary to legislative intent; relies on Hardy and Omelenchuk | Waltz is binding precedent that savings provision cannot be tolled | Waltz controls; Court bound to follow |
| Whether Hardy/Omelenchuk provide alternative interpretation | Hardy still good law, Omelenchuk should be followed despite being overruled | Both are superseded by Waltz | Waltz overruled Omelenchuk; Hardy predated Waltz |
| Court’s authority to disregard binding precedent | Requests Court to ignore Waltz based on legislative intent | Asserts Court is bound by Supreme Court precedent | Must follow Waltz; cannot ignore Supreme Court |
Key Cases Cited
- Waltz v. Wyse, 469 Mich 642 (2004) (MCL 600.5856 does not toll the savings provision period for wrongful death in med-mal claims)
- Hardy v. Maxheimer, 429 Mich 422 (1987) (interpreted interaction between statute of limitations and wrongful death savings provision)
- Omelenchuk v. Warren, 461 Mich 567 (2000) (held notice provision tolled savings statute until overruled by Waltz)
- Assoc Builders & Contractors v. Lansing, 499 Mich 177 (2016) (Court of Appeals is bound by Michigan Supreme Court precedent)
- Washington Mut. Bank, FA v. ShoreBank Corp., 267 Mich App 111 (2005) (court must follow most recent Michigan Supreme Court precedent)