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FOREST v. PARMALEE

Docket Nos. 56973, 56974, 56794, 58647. (Calendar Nos. 7-9).

402 Mich. 348 (1978)

262 N.W.2d 653

FOREST v. PARMALEE MILLS v. PARMALEE McGREGOR v. MACOMB COUNTY ROAD COMMISSION BURTON v. STATE HIGHWAY DEPARTMENT

Supreme Court of Michigan.

Decided February 27, 1978.

Attorney(s) appearing for the Case

Robert L. Douglas for plaintiffs Forest and Mills.

Fortino, Plaxton & Moskal for defendant Gratiot County Road Commissioners.

Bain & Shapero (by Gerald D. Wohl) for plaintiffs McGregor and Thomas.

Daner, Freeman, McKenzie & Matthews, P.C., for defendant Macomb County Road Commission.

Peter Dozorc (Ronald M. Barron, of counsel) for plaintiff Burton.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso, Francis J. Carrier and Myron A. McMillan, Assistants Attorney General, for defendant State Highway Department.

BLAIR MOODY, JR., J.

I. THE QUESTION

The single question engendered by these consolidated cases is whether the two-year statute of limitations provided for in 1964 PA 170 violates equal protection mandates and is therefore unconstitutional. See MCLA 691.1411; MSA 3.996(111).

II. FACTS

1. Forest and Mills

Plaintiffs Forest and Mills were injured when Forest drove his car into an excavation...

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