Order Michigan Supreme Court
Lansing, Michigan
October 20, 2005 Clifford W. Taylor,
Chief Justice
128475 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JOHN DOE, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 128475
COA: 249394
Wayne CC: 02-242117-NO
ROMAN CATHOLIC ARCHBISHOP OF THE
ARCHDIOCESE OF DETROIT, an Ecclesiastical
entity,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 21, 2004
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
WEAVER, J., would grant leave to appeal.
KELLY, J., dissents and states as follows:
I agree with the dissenting opinion of Court of Appeals Judge Harold Hood. The
limitations periods applicable to this claim may be tolled under MCL 600.5855 if the
identity of another tortfeasor, the defendant, is fraudulently concealed, which is what
plaintiff alleges occurred here. The decision of the Court of Appeals should be reversed
and the trial court’s denial of summary disposition for defendant affirmed.
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 20, 2005 _________________________________________
t1017 Clerk