Order Michigan Supreme Court
Lansing, Michigan
September 21, 2007 Clifford W. Taylor,
Chief Justice
133991 Michael F. Cavanagh
Elizabeth A. Weaver
BARRY GLISSON, Successor Personal Marilyn Kelly
Representative of the ESTATE OF SCOTT Maura D. Corrigan
GLISSON, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 133991
COA: 264433
DIANNE GERRITY, M.D., Wayne CC: 04-416578-NH
Defendant-Appellee,
and
ROBERT STUART LEVY, M.D., ROBERT
LEVY, M.D., P.C., DANIEL N. SCAFF, M.D.,
and PEDIATRICS AND ADOLESCENT
MEDICINE,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the March 6, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE part IV(A) of the judgment of the Court
of Appeals, and we VACATE parts III and IV(B) of the judgment as unnecessary in light
of our reversal of part IV(A). The Court of Appeals held that the plaintiff’s June 2, 2004
complaint should be dismissed with prejudice pursuant to Geralds v Munson Healthcare,
259 Mich App 225 (2003), and Mouradian v Goldberg, 256 Mich App 566 (2003). We
overruled Geralds and Mouradian in Kirkaldy v Rim, 478 Mich 581 (2007). As Kirkaldy
states, “[u]nder MCL 600.5856(a) and MCL 600.2912d, the period of limitations is tolled
when a complaint and affidavit of merit are filed and served on the defendant.” Kirkaldy,
478 Mich 585. Even a defective affidavit of merit will “toll the period of limitations until
the validity of the affidavit is successfully challenged in ‘subsequent judicial
proceedings.’” Id. at 586. In this case, the limitations period was tolled when the
plaintiff filed and served the June 2, 2004 complaint and affidavit of merit. As a result,
the limitations period had not expired when the plaintiff filed and served the August 9,
2005 amended complaint, accompanied by the June 3, 2005 amended affidavit of merit.
Accordingly, we DISMISS without prejudice those claims concerning Dianne Gerrity,
M.D. in the June 2, 2004 complaint, and we REMAND this case to the Wayne Circuit
Court for further proceedings with regard to the amended pleadings. In all other respects,
leave to appeal is DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court.
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 21, 2007 _________________________________________
d0918 Clerk