Olijnyk v. Harrison Community Hospital, Inc.

Michigan Court of Appeals

Olijnyk v. Harrison Community Hospital, Inc.

263 N.W.2d 33, 80 Mich. App. 366, 1977 Mich. App. LEXIS 1296

Michigan Court of Appeals·Decided December 1, 1977·No. Docket 77-849·Published·Cited by 9 cases

Opinion

*367 Per Curiam.

Plaintiff brought an action for wrongful death against defendants. The complaint is based on allegations of malpractice.

Defendant Winkler moved for accelerated judgment on the ground that the action against him was barred by the two-year statute of limitations applicable to actions charging malpractice. MCLA 600.5805(3); MSA 27A.5805(3). The motion was granted.

Plaintiff contends that for wrongful death actions the proper period of limitations is the three-year period provided for in MCLA 600.5805(7); MSA 27A.5805(7). It has been so ruled in several cases not involving a charge of malpractice. Rhule v Armstrong, 384 Mich 709; 187 NW2d 223 (1971), Coury v General Motors Corp, 376 Mich 248; 137 NW2d 134 (1965), Szydelko v Smith’s Estate, 259 Mich 519; 244 NW 148 (1932).

This Court has ruled, however, that the two-year period of limitations for malpractice actions is applicable to wrongful death actions which charge malpractice. Castle v Lockwood-MacDonald Hospital, 40 Mich App 597; 199 NW2d 252 (1972). We are persuaded that that ruling was correct and we apply it here.

The lower court is affirmed. Costs to appellee.

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*367 Per Curiam.

Plaintiff brought an action for wrongful death against defendants. The complaint is based on allegations of malpractice.

Defendant Winkler moved for accelerated judgment on the ground that the action against him was barred by the two-year statute of limitations applicable to actions charging malpractice. MCLA 600.5805(3); MSA 27A.5805(3). The motion was granted.

Plaintiff contends that for wrongful death actions the proper period of limitations is the three-year period provided for in MCLA 600.5805(7); MSA 27A.5805(7). It has been so ruled in several cases not involving a charge of malpractice. Rhule v Armstrong, 384 Mich 709; 187 NW2d 223 (1971), Coury v General Motors Corp, 376 Mich 248; 137 NW2d 134 (1965), Szydelko v Smith’s Estate, 259 Mich 519; 244 NW 148 (1932).

This Court has ruled, however, that the two-year period of limitations for malpractice actions is applicable to wrongful death actions which charge malpractice. Castle v Lockwood-MacDonald Hospital, 40 Mich App 597; 199 NW2d 252 (1972). We are persuaded that that ruling was correct and we apply it here.

The lower court is affirmed. Costs to appellee.

Olijnyk v. Harrison Community Hospital, Inc., 263 N.W.2d 33, 80 Mich. App. 366, 1977 Mich. App. LEXIS 1296 (Mich. Ct. App. 1977).

Pincite

263 N.W.2d 33 (Olijnyk v. Harrison Community Hospital, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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