Vega v. Lakeland Hospitals at Niles and St Joseph, Inc

705 N.W.2d 389, 267 Mich. App. 565
CourtMichigan Court of Appeals
DecidedOctober 26, 2005
DocketDocket 253739
StatusPublished
Cited by6 cases

This text of 705 N.W.2d 389 (Vega v. Lakeland Hospitals at Niles and St Joseph, Inc) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vega v. Lakeland Hospitals at Niles and St Joseph, Inc, 705 N.W.2d 389, 267 Mich. App. 565 (Mich. Ct. App. 2005).

Opinions

Kelly, J.

In this medical malpractice action, plaintiff appeals as of right the trial court’s order granting defendants’ motion for summary disposition pursuant to MCR 2.116(C)(7) on the basis that the statutory period of limitations expired before plaintiff filed her complaint. We affirm, holding that MCL 600.5851(1) and (7) unambiguously exclude medical malpractice claimants from the disability grace period and this exclusion does not violate equal protection guarantees.

[567]*567i. FACTS

It is undisputed that plaintiffs medical malpractice claim accrued on December 13,1999, when, at Lakeland Medical Center-Niles, David Alan Speers, M.D., examined and allegedly misdiagnosed eleven-year-old Jeffrey Hurley. According to plaintiffs complaint, Speers diagnosed Jeffrey with gastritis influenza, but two days later, doctors at another hospital determined that Jeffrey suffered from viral encephalitis. Plaintiff alleged that, “at the time of his discharge, [Jeffrey] was still suffering from severe, permanent mental impairment due to the effects of the delayed and undiagnosed viral encephalitis.”1

It is also undisputed that plaintiff sent a notice of intent to defendants on November 8, 2001, at which time, thirty-four days remained on the statutory period of limitations. The statutory period of limitations was tolled for 182 days from November 8, 2001, to May 9, 2002. With thirty-four days remaining in the period of limitations, plaintiff had until June 12, 2002, to file her complaint. Plaintiff did not file her complaint, however, until December 11, 2002.

Defendants filed motions for summary disposition arguing that the two-year statutory period of limitations expired before plaintiff filed her complaint. In response, plaintiff did not dispute that she filed her complaint after the two-year statutory period of limitations expired, but argued that because Jeffrey was insane, pursuant to MCL 600.5851(2), the statutory period of limitations was extended pursuant to the [568]*568statutory grace period in MCL 600.5851(1). Plaintiff also argued that if MCL 600.5851(7) were applicable, it violates constitutional equal protection guarantees. Defendants replied that, pursuant to MCL 600.5851(7), Jeffrey had reached his eighth birthday at the time his claim accrued and, therefore, he was subject to the period of limitations in MCL 600.5838a, which, by reference to MCL 600.5805(6), required the action to be filed within two years from the cause of action accruing. Defendants also countered that MCL 600.5851(7) does not violate equal protection guarantees because its provisions are rationally related to a legitimate governmental interest. The trial court granted defendants’ motion.

II. STANDARDS OF REVIEW

This Court reviews de novo a trial court’s ruling on a motion for summary disposition. Glancy v City of Roseville, 457 Mich 580, 583; 577 NW2d 897 (1998). This appeal also requires statutory interpretation.

Statutory interpretation is a question of law calling for review de novo. Michigan Basic Prop Ins Ass’n v Ware, 230 Mich App 44, 48; 583 NW2d 240 (1998). “The primary purpose of statutory interpretation is to ascertain and give effect to the intent of the Legislature.” Id. at 49. Where the statutory language is clear and unambiguous, a court must apply it as written. Howard v Clinton Charter Twp, 230 Mich App 692, 695; 584 NW2d 644 (1998). However, if the wording is susceptible to more than one reasonable interpretation, judicial construction is appropriate. Id. [Casey v Henry Ford Health Sys, 235 Mich App 449, 450; 597 NW2d 840 (1999).]

This Court also reviews de novo constitutional issues. Kuhn v Secretary of State, 228 Mich App 319, 324; 579 NW2d 101 (1998).

[569]*569III. STATUTORY INTERPRETATION

Plaintiff contends that the trial court erred in granting defendants’ motion for summary disposition because, even though the two-year statutory period of limitations2 expired before she filed her complaint, MCL 600.5851(1) allowed her to file her claim when she did because Jeffrey was insane at the time the cause of action accrued. The issue presented to us is whether the disability grace period in MCL 600.5851(1) applies to medical malpractice claimants. Although our Supreme Court and this Court have addressed what constitutes insanity for the purposes of MCL 600.5851(1) within the context of medical malpractice claims, neither court has addressed the issue before us now.

In construing a statute, this Court “ ‘must give effect to every word, phrase, and clause in [the] statute and avoid an interpretation that would render any part of the statute surplusage or nugatory.’ ” Jenkins v Patel, 471 Mich 158, 167; 684 NW2d 346 (2004), quoting State Farm Fire & Cas Co v Old Republic Ins Co, 466 Mich 142, 146; 644 NW2d 715 (2002). “ ‘[T]he meaning of the Legislature is to be found in the terms and arrangement of the statute without straining or refinement, and the expressions are to be taken in their natural and ordinary sense.’ ” Casey, supra at 452-453, quoting Gross v Gen Motors Corp, 448 Mich 147, 160; 528 NW2d 707 (1995). Our task is to give effect to a statute’s provisions while reading them to harmonize with each other. Casey, supra at 452. Further, when “a statute contains a general provision and a specific provision, the specific provision controls.” Gebhardt v O’Rourke, 444 Mich 535, 542-543; 510 NW2d 900 (1994). Additionally, a [570]*570more recently enacted statute has precedence over an older statute. Travelers Ins v U-Haul of Michigan, Inc, 235 Mich App 273, 280; 597 NW2d 235 (1999). “This rule is particularly persuasive when one statute is both the more specific and the more recent.” Id.

In addition to these basic principles, we keep in mind that the wisdom of a statute is for the Legislature to determine and that the law must be enforced as written. Smith v Cliffs on the Bay Condo Ass’n, 463 Mich 420, 430; 617 NW2d 536 (2000); In re Worker’s Compensation Lien, 231 Mich App 556, 562-563; 591 NW2d 221 (1998). This Court “may not inquire into the knowledge, motives, or methods of the Legislature, and may not impose a construction on a statute based on a policy decision different from that chosen by the Legislature.” Fowler v Doan, 261 Mich App 595, 599; 683 NW2d 682 (2004) (citations omitted).

Applying these principles, we conclude that MCL 600.5851(1), read together with MCL 600.5851(7),3 unambiguously excludes medical malpractice claimants from the disability grace period. MCL 600.5851(1) provides:

Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years old or insane at the time the claim accrues, the person or those claiming under the person have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852. [Emphasis added.]

[571]*571MCL 600.5851(7) provides:

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Vance v. HENRY FORD HEALTH SYSTEM
769 N.W.2d 188 (Michigan Supreme Court, 2008)
Vance v. Henry Ford Health System
726 N.W.2d 78 (Michigan Court of Appeals, 2007)
Vega v. LAKELAND HOSPITALS AT NILES AND ST. JOSEPH, INC.
713 N.W.2d 262 (Michigan Supreme Court, 2006)
Vega v. Lakeland Hospitals at Niles and St Joseph, Inc
705 N.W.2d 389 (Michigan Court of Appeals, 2005)

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Bluebook (online)
705 N.W.2d 389, 267 Mich. App. 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-lakeland-hospitals-at-niles-and-st-joseph-inc-michctapp-2005.