POFFENBARGER v. KAPLAN

Docket No. 189266.

568 N.W.2d 131 (1997)

224 Mich. App. 1

Linda POFFENBARGER, Individually, and as Personal Representative for the Estate of Francis Poffenbarger, deceased, Plaintiff-Appellant, v. Howard M. KAPLAN, M.D., and Detroit-Macomb Hospital Corporation d/b/a Macomb Hospital Center, Defendants-Appellees, and Chang Nan Chun, M.D., Radiology Associates, P.C., Raymond S. Kurtzman, M.D., Subhash C. Gulati, M.D., and the Estate of George C. Evans, M.D., Defendants.

Court of Appeals of Michigan.

Decided May 30, 1997, at 9:15 a.m.

Released for Publication September 11, 1997.


Attorney(s) appearing for the Case

Stern & Associates by Kenneth A. Stern, Terrance J. Cirocco, and Timothy S. Groustra, Southfield, for Plaintiff-Appellant.

Kitch, Drutchas, Wagner & Kenney, P.C by Steve N. Cheolas and Susan Healy Zitterman, Detroit, for Detroit-Macomb Hospital Corporation.

O'Leary, O'Leary, Jacobs, Mattson, Perry & Mason, P.C. by John P. Jacobs, Southfield, for Howard M. Kaplan, M.D.

Before MICHAEL F. CAVANAGH, P.J., and GAGE and DA BURRESS, JJ.


GAGE, Judge.

In this action for wrongful death based on medical malpractice, plaintiff presents what appears to be an issue of first impression: whether the three-year period mentioned in the wrongful death savings provision of M.C.L. § 600.5852; M.S.A. § 27A5852 commences after the six-month statutory discovery period provided for in M.C.L. § 600.5838a; M.S.A. § 27A5838(1).1

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases