Trentadue v. BUCKLER AUTOMATIC LAWN SPRINKLER CO.

Order Michigan Supreme Court
Lansing, Michigan

September 28, 2007 Clifford W. Taylor,
Chief Justice

Rehearing No. 541 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
128579 Robert P. Young, Jr.
128623-25 Stephen J. Markman,
Justices

DAYLE TRENTADUE, as Personal

Representative of the Estate of

MARGARETTE F. EBY, Deceased,

Plaintiff-Appellee,
v SC: 128579
COA: 252207
Genesee CC: 02-074145-NZ
BUCKLER AUTOMATIC LAWN SPRINKLER

COMPANY, SHIRLEY GORTON and

LAURENCE W. GORTON,

Defendants-Appellants,

and

JEFFREY GORTON, VICTOR NYBERG,

TODD MICHAEL BAKOS, MFO MANAGEMENT

COMPANY, and CARL F. BEKOFSKI, as

Personal Representative of the Estate of RUTH R.

MOTT, Deceased,

Defendants.
_________________________________________
DAYLE TRENTADUE, as Personal

Representative of the Estate of

MARGARETTE F. EBY, Deceased,

Plaintiff-Appellee,
v SC: 128623, 128624, 128625
COA: 252155, 252207, 252209
Genesee CC: 02-074145-NZ
BUCKLER AUTOMATIC LAWN

SPRINKLER COMPANY, SHIRLEY

GORTON, LAURENCE W. GORTON,

JEFFREY GORTON, VICTOR NYBERG,

 2

TODD MICHAEL BAKOS and CARL
L. BEKOFSKE, as Personal Representative
of the Estate of RUTH R. MOTT, Deceased,
Defendants,
and
MFO MANAGEMENT COMPANY.
Defendant-Appellant.

_________________________________________/

In this cause, a motion for rehearing is considered, and it is DENIED.

CAVANAGH and KELLY, JJ., would grant rehearing.

WEAVER, J., dissents and states as follows:

I dissent from the majority of four’s decision to deny plaintiffs’ motion for a
rehearing and repeat the concluding paragraph of my dissent from the majority’s opinion
in this case, issued July 25, 2007:

Because I disagree with the majority’s conclusion that with the
enactment of the Revised Judicature Act, the Legislature sought to abrogate
the discovery rule, I would affirm the Court of Appeals decision applying
the common-law discovery rule and tolling the period of limitations where
plaintiff could not have reasonably discovered the elements of a wrongful
death cause of action within the limitations period. [Trentadue v Buckler
Automatic Lawn Sprinkler Co, 479 Mich 378, 407 (2007) (Weaver, J.,
dissenting).]
Clearly, the majority of four’s decision in this case reaches an absurd and unjust
result, and lacks common sense.

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.
September 28, 2007 _________________________________________
t0925 Clerk