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EGGLESTON v. BIO-MEDICAL APPLICATIONS OF DETROIT, INC.

Docket No. 121208.

658 N.W.2d 139 (2003)

468 Mich. 29

Dennis EGGLESTON, as Personal Representative of the Estate of Louisa Eggleston, Deceased, Plaintiff-Appellant, v. BIO-MEDICAL APPLICATIONS OF DETROIT, INC. and Fresenius Medical Care, Defendants-Appellees, and James Lawson, D.O., and James Lawson, D.O., P.C., Defendants.

Supreme Court of Michigan.

Decided March 26, 2003.

Attorney(s) appearing for the Case

Thomas W. Elkins, Bloomfield, MI, for the plaintiff-appellant.

Feikens, Stevens, Kennedy & Galbraith, P.C. (by Jon Feikens) Detroit, MI, for the defendants-appellees.

PER CURIAM.

This case presents the question whether a successor personal representative has two years after appointment to file an action on behalf of an estate under the wrongful death saving statute, M.C.L. § 600.5852, or whether the two-year period is measured from the appointment of the initial personal representative. The Court of Appeals affirmed summary disposition for defendants, holding that the plain language of the statute refers only to one set of...

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