Mullins v. St. Joseph Mercy Hospital, 741 N.W.2d 300

Order

On order of the Court, leave to appeal having been granted, 477 Mich 1066 (2007), and the briefs and oral argument of the parties having been considered by the Court, we hereby REVERSE the July 11, 2006 judgment of the Court of Appeals. MCR 7.302(G)(1). We conclude that this Court‘s decision in Waltz v Wyse, 469 Mich 642 (2004), does not apply to any causes of action filed after Omelenchuk v City of Warren, 461 Mich 567 (2000), was decided in which the savings period expired, i.e., two years had elapsed since the personal representative was appointed, sometime between the date that Omelenchuk was decided and within 182 days after Waltz was decided. All other causes of action are controlled by Waltz. In the instant case, because the plaintiff filed this action after Omelenchuk was decided and the savings period expired between the date that Omelenchuk was decided and within 182 days after Waltz was decided, Waltz is not applicable. Accordingly, we REMAND this case to the Washtenaw Circuit Court for entry of an order denying the defendants’ motion for summary disposition and for further proceedings not inconsistent with this order.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 28, 2007

Corbin R. Davis

Clerk

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Case Details

Case Name: Mullins v. St. Joseph Mercy Hospital

Court Name: Michigan Supreme Court

Date Published: Nov 28, 2007

Citations: 741 N.W.2d 300; 480 Mich. 948; 131879

Docket Number: 131879

Court Abbreviation: Mich.