Order Michigan Supreme Court
Lansing, Michigan
October 12, 2007 Clifford W. Taylor,
Chief Justice
128864 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PATRICIA A. PAPPAS, Personal Robert P. Young, Jr.
Representative of the Estate of Stephen J. Markman,
Justices
Florinda C. Pappas, Deceased,
Plaintiff-Appellee,
v SC: 128864
COA: 251144
Macomb CC: 2003-002446-NH
BORTZ HEALTH CARE FACILITIES,
INC., and WARREN GERIATRIC
VILLAGE, INC., d/b/a BORTZ HEALTH
CARE OF WARREN,
Defendants-Appellants.
_________________________________________/
By order of December 8, 2006, the application for leave to appeal the March 3,
2005 judgment of the Court of Appeals was held in abeyance pending the decision in
Vega v Lakeland Hospitals at Niles and St Joseph, Inc (Docket No. 129436). On order of
the Court, the case having been decided on July 18, 2007, 479 Mich 243 (2007), the
application is again considered. We direct the Clerk to schedule oral argument on
whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The
parties shall submit supplemental briefs within 42 days of the date of this order
addressing: (1) whether, assuming that the six-month discovery provision in MCL
600.5838a(2) applies in this case because the plaintiff’s decedent was insane from the
time the claim accrued until her death, the claim is barred where the plaintiff did not
bring this action within one year after the insanity disability was removed through death
pursuant to MCL 600.5851(1); and (2) whether the wrongful death saving statute, MCL
600.5852, is controlling under the circumstances of this case. The parties should not
submit mere restatements of their application papers.
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.
October 12, 2007 _________________________________________
p1009 Clerk