Estate of Margarette F Eby v. Buckler Automatic Lawn Sprinkler Co

Opinion

Order Michigan Supreme Court Lansing, Michigan

July 19, 2006 Clifford W. Taylor, Chief Justice

128623-5 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: 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, 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.

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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