MSC Holds Wrongful-Death Saving Provision Creates a Limitation Period Subject to Tolling
MCL 600.5852, the wrongful-death saving provision that gives a personal representative extra time to file suit after the general period of limitations has run, itself creates a limitations period and is therefore subject to the tolling mechanism of MCL 600.5856(c) during the 182-day medical-malpractice notice period.
Michigan Court of Appeals Clarifies: Wrongful Death Savings Statute Tolls Notice Requirement in Claims Against the State
The wrongful death savings provisions under MCL 600.5852 extends the filing timeframe and tolls the statutory notice period and therefore the Court of Claims grant of summary disposition was reversed and remanded.