Order Michigan Supreme Court
Lansing, Michigan
November 28, 2007 Clifford W. Taylor,
Chief Justice
131879 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
MARY MULLINS, Personal Representative Maura D. Corrigan
of the Estate of Nina F. Mullins, Deceased, Robert P. Young, Jr.
Stephen J. Markman,
Plaintiff-Appellant, SC: 131879 Justices
v COA: 263210
Washtenaw CC: 03-000812-NH
ST. JOSEPH MERCY HOSPITAL, d/b/a ST.
JOSEPH MERCY HEALTH SYSTEM, JASON
WHITE, M.D., RAFAEL J. GROSSMAN, M.D.,
and KIMBERLY STEWART, M.D.,
Defendants-Appellees
and
JAMES R. BENGSTON, and WALTER
WHITEHOUSE, M.D.,
Defendants.
_________________________________________/
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 _________________________________________
t1128 Clerk