Categories: Michigan Supreme Court Opinions

WATTS v. HENRY, 480 Mich. 1055 (2008)

KENDRIC WATTS, Individually and as Personal Representative of the Estate of Vera Watts, Deceased, Plaintiff-Appellee, v. HENRY FORD HEALTH SYSTEMS, d/b/a HENRY FORD HOSPITAL, and CENTER FOR SENIOR INDEPENDENCE, Defendants, and TRINITY CONTINUING CARE SERVICES, d/b/a ST. JOSEPH’S LIVING CENTER, Defendant-Appellant.

No. 133588.Supreme Court of Michigan.
February 1, 2008.

Court of Appeals No. 267551.

Leave to Appeal Denied February 1, 2008.

Pursuant to MCL 600.5838a(1), a claim for medical malpractice “accrues at the time of the act or omission that is the basis for the claim of medical malpractice.” In this case, the last date the defendant had any contact with the decedent was January 2, 2003, as shown by the decedent’s medical records and as admitted by the plaintiff in his answer to the defendant’s motion in the trial court. Therefore, plaintiffs claim for medical malpractice accrued no later than January 2, 2003. Accordingly, the period of limitations would have expired on January 2, 2005; however, because this was a Sunday, pursuant to MCR 1.108(1), the notice of intent that was filed on January 3, 2005, was timely. The notice of intent tolled the period of limitations

Page 1056

for 182 days, and, thus, the complaint that was filed on July 1, 2005, was also timely.

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