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BERRIOS v. MILES, INC.

Docket No. 195551.

574 N.W.2d 677 (1997)

226 Mich. App. 470

Luis BERRIOS, II, Plaintiff-Appellant, v. MILES, INC., Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 21, 1997, at 9:05 a.m.

Released for Publication March 10, 1998.

Attorney(s) appearing for the Case

Elliott R. Perlman and Jeffrey W. Perlman, Southfield, for Plaintiff-Appellant.

Feikans, Vander Male, Stevens, Bellamy & Gilchrist, P.C. by Jack E. Vander Male and Jeffrey Feikens, Detroit, for Defendant-Appellee.

Before SMOLENSKI, P.J., and FITZGERALD and GAGE, JJ.

GAGE, Judge.

This products liability case presents a single issue: When does a cause of action concerning the contraction of the human immunodeficiency virus (HIV) accrue? This issue is of first impression to our state courts. The circuit court ruled that plaintiff's claim accrued when plaintiff learned that he had tested positive for HIV and that the period of limitation applicable to his claim had therefore expired before...

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