Statutes of Limitations

The first personal representative in Verbrugghev. Select Spec. Hosp., 270 Mich.App. 383 (Mich.App.), was appointed onDecember 26, 2001. On December 2, 2003,he filed notice of his intent to bring a medical malpractice suit andthereafter filed suit on June 24, 2004. On September 27, 2004, SuzanneVerbrugghe, the first personal representative’s sister, was issued letters asthe successor personal representative. She then proceeded to file a second law suit on October 21, 2004. Thetrial court dismissed both actions, saying the statute of limitations had run.The appellate court reversed on the second cause of action, saying it wastimely filed.

The court first cited MCL 600.5852, which states:

If a person dies before the periodof limitations has run or within 30 days after the period of limitations hasrun, an action which survives by law may be commenced by the personalrepresentative of the deceased person at any time within 2 years after lettersof authority are issued although the period of limitations has run. But anaction shall not be brought under this provision unless the personalrepresentative commences it within 3 years after the period of limitations hasrun.

Continuing, the court said:

Under the plain language of thestatute…we conclude that plaintiff timely filed this complaint. The decedentdied within two years of the cause of action accruing, plaintiff’s letters ofauthority were issued on September 27, 2004, and the complaint was filed lessthan a month later, on October 21, 2004. Finally, plaintiff commenced thislawsuit before October 14, 2006. Thus, plaintiff’s complaint was filed instrict compliance with MCL 600.5852.