Order Michigan Supreme Court
Lansing, Michigan
July 19, 2006 Clifford W. Taylor,
Chief Justice
128579 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DAYLE TRENTADUE, as Personal Robert P. Young, Jr.
Representative of the Estate of Stephen J. Markman,
Justices
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. BEKOFSKE, as
Personal Representative of the Estate of RUTH R.
MOTT, Deceased,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the May 5, 2005
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues to be briefed whether the Court of Appeals
application of a common law discovery rule to determine when plaintiff’s claims accrued
is inconsistent with or contravenes MCL 600.5827, and whether previous decisions of
this Court, which have recognized and applied such a rule when MCL 600.5827 would
otherwise control, should be overruled.
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.
July 19, 2006 _________________________________________
s0712 Clerk