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LEARY v. RUPP

Docket No. 77-5228.

89 Mich. App. 145 (1979)

280 N.W.2d 466

LEARY v. RUPP

Michigan Court of Appeals.

Decided March 20, 1979.

Attorney(s) appearing for the Case

Philo, Atkinson, Darling, Steinberg, Harper & Edwards, for plaintiffs.

Kerr, Wattles & Russell (by James R. Dashiell), for defendant.

Before: D.C. RILEY, P.J., and J.H. GILLIS and MacKENZIE, JJ.

J.H. GILLIS, J.

Plaintiffs appeal from an order of the Oakland County Circuit Court granting accelerated judgment to defendant, GCR 1963, 116.1(5), based on the two-year statute of limitations for medical malpractice. MCL 600.5805(3), 600.5838; MSA 27A.5805(3), 27A.5838.

Plaintiff, Jane Leary, began consulting with defendant as her family physician in 1961. In 1963 she was treated by defendant for rheumatic fever. During the course of this treatment both defendant...

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