King v. Briggs, 474 Mich. 1113

Summary

The Supreme Court of Michigan denied reconsideration of its prior order denying leave to appeal in a wrongful-death medical-malpractice case. A concurring statement addressed footnote 14 of Waltz v. Wyse and explained how tolling of the medical-malpractice limitations period could result in five years plus 182 days to file a complaint, without tolling the wrongful-death saving provision itself.

Holdings

1. The motion for reconsideration was denied because the prior order did not appear to have been entered erroneously.

Questions Presented

1. Whether the Supreme Court should grant reconsideration of its prior order denying leave to appeal.
2. Whether the court should clarify footnote 14 of Waltz v. Wyse concerning the calculation of the period for filing a wrongful-death action when a notice of intent tolls the two-year limitations period.

Disposition

other