Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
133588 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
KENDRIC WATTS, Individually and Robert P. Young, Jr.
as Personal Representative of the Estate Stephen J. Markman,
Justices
of Vera Watts, Deceased,
Plaintiff-Appellee,
v SC: 133588
COA: 267551
Wayne CC: 05-519594-NH
HENRY FORD HEALTH SYSTEMS,
d/b/a HENRY FORD HOSPITAL, and
CENTER FOR SENIOR INDEPENDENCE,
Defendants,
and
TRINITY CONTINUING CARE
SERVICES, d/b/a ST. JOSEPH'S
LIVING CENTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 12, 2007
order of the Court of Appeals is considered, and it is DENIED. Pursuant to MCL
600.5838a(1), a claim for medical malpractice “accrues at the time of the act or omission
that is the basis for the claim of medical malpractice.” In this case, the last date the
defendant had any contact with the decedent was January 2, 2003, as shown by the
decedent’s medical records and as admitted by the plaintiff in his answer to the
defendant’s motion in the trial court. Therefore, plaintiff’s claim for medical malpractice
accrued no later than January 2, 2003. Accordingly, the period of limitations would have
expired on January 2, 2005; however, because this was a Sunday, pursuant to MCR
1.108(1), the notice of intent that was filed on January 3, 2005, was timely. The notice of
intent tolled the period of limitations for 182 days, and, thus, the complaint that was filed
on July 1, 2005, was also timely.
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.
February 1, 2008 _________________________________________
l0129 Clerk