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Michigan Supreme Court Lansing, Michigan

Opinion
KEITH W. MAYBERRY and JOANNA MAYBERRY, Plaintiffs-Appellants, v GENERAL ORTHOPEDICS, P.C., and WILLIAM H. KOHEN, M.D., Defendants-Appellees. _______________________________ PER CURIAM.

Chief Justice:

Justices:

Clifford W. Taylor

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman

FILED OCTOBER 4, 2005

No. 126136

We are presented with the question whether a second notice of intent to sue for medical malpractice tolls the period of limitations when an earlier notice was sent with more than 182 days remaining in the limitations period. hold that it does. We

In Omelenchuk v City of Warren,1 we held

that a notice of intent to sue for medical malpractice, filed with fewer than 182 days remaining in the limitations

461 Mich 567, 574-575; 609 NW2d 177 (2000), overruled in part on other grounds Waltz v Wyse, 469 Mich 642, 655; 677 NW2d 813 (2004).

1

period,

initiates

the

182-day

tolling

period

of

MCL

600.5856(d).2 a plaintiff,

This case takes the next step, asking whether who early filed in a notice of intent period to that sue no

sufficiently

the

limitations

tolling began, can send a second notice of intent to sue to a defendant with period fewer and than rely 182 on days that remaining second in the to

limitations

notice

initiate tolling under

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Michigan Law