Wilson v. Department of Mental Health
This text of 172 N.W.2d 891 (Wilson v. Department of Mental Health) 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.
Opinion
Plaintiff’s decedent was injured in a fall March 26, 1965 while a patient at Northville State Hospital. She died April 29, 1965 as a result of these injuries. April 25, 1968, this action was filed in the court of claims under the wrongful death act, MCLA § 600.2922 (Stat Ann 1969 Cum Snpp § 27A.2922). No claim or notice of intention to file a claim preceded the filing of this action.
Defendants moved for summary judgment, or in the alternative, an accelerated judgment for several reasons. One reason was that MCLA § 600.6431(3) (Stat Ann 1962 Rev § 27A.6431[3]) requires that a claim or notice of intention to file a claim shall be filed within six months of the event giving rise to the cause of action. The trial court granted summary judgment for defendants.
Plaintiff’s appeal raises a single question: Is MCLA § 600.6431(3) (Stat Ann 1962 Rev § 27A.6431 [3]) applicable to an action for wrongful death?
On the strength of Morgan v. McDermott (1969), 382 Mich 333, our answer must be in the affirmative.
Affirmed but without costs.
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Cite This Page — Counsel Stack
172 N.W.2d 891, 19 Mich. App. 558, 1969 Mich. App. LEXIS 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-department-of-mental-health-michctapp-1969.