Order Michigan Supreme Court
Lansing, Michigan
November 23, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153723 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
JEFFREY HAKSLUOTO and Justices
CAROL HAKSLUOTO,
Plaintiffs-Appellants,
v SC: 153723
COA: 323987
Macomb CC: 2014-002556-NH
MT. CLEMENS REGIONAL MEDICAL
CENTER, a/k/a McLAREN MACOMB
GENERAL RADIOLOGY ASSOCIATES,
P.C. and ELI SHAPIRO, D.O.,
Defendants-Appellees.
_____________________________________/
On order of the Court, the application for leave to appeal the February 18, 2016
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether a notice of intent under MCL
600.2912b that is mailed on what would otherwise be the last day of the limitations
period of MCL 600.5805(6) tolls the limitations period, as provided by MCL
600.5856(c); and (2) if the limitations period was tolled in this case, whether the plaintiffs
were required to file on the 182nd day of the notice period or the day after the 182nd day in
order for their Complaint to be timely. See MCR 1.108(1) (“the period runs until the end
of the . . . day).
The Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc.,
and the Negligence Law Section of the State Bar of Michigan are invited to file briefs
amicus curiae. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae.
I, Larry S. Royster, 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 23, 2016
a1116
Clerk