Dayle TRENTADUE, as Personal Representative of the Estate of Margarette F. Eby, Deceased, Plaintiff-Appellee,
v.
Jeffrey GORTON, Victor Nyberg, Todd Michael Bakos, MFO Management Company, and Carl F. Bekofske, as Personal Representative of the Estate of Ruth R. Mott, Deceased, Defendants, and
BUCKLER AUTOMATIC LAWN SPRINKLER COMPANY, Shirley Gorton and Laurence W. Gorton, Defendants-Appellants.
Dayle TRENTADUE, as Personal Representative of the Estate of Margarette F. Eby, Deceased, Plaintiff-Appellee,
v.
BUCKLER AUTOMATIC LAWN SPRINKLER COMPANY, Shirley Gorton, Laurence W. Gorton, Jeffrey Gorton, Victor Nyberg, Todd Michael Bakos and Carl L. Bekofske, as Personal Representative of the Estate of Ruth R. Mott, Deceased, Defendants, and
MFO MANAGEMENT COMPANY, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued December 12, 2006.
Decided July 25, 2007.
Attorney(s) appearing for the Case
Cox, Hodgman & Giarmarco, P.C. (by David A. Binkley, Trisha M. Werder, and Elizabeth A. Favaro), and Mark Granzotto, P.C. (by Mark Granzotto), for the plaintiff. Troy; Royal Oak.
Gault Davison, P.C. (by Edward B. Davison), for Buckler Automatic Lawn Sprinkler Company and Shirley and Laurence W. Gorton. Grand Blanc.
Collins, Einhorn, Farrell & Ulanoff, P.C. (by Noreen L. Slank, Deborah A. Hebert, and Geoffrey M. Brown), for MFO Management Company. Southfield.
Charfoos & Christensen, P.C. (by David R. Parker), for State Bar of Michigan Negligence Section. Detroit.
Sullivan, Ward, Asher & Patton, P.C. (by Ronald S. Lederman and Sharon S. Almonrode), for Iron Workers Local No. 25 Pension Fund, Roofers Local 149 Pension Fund, Plumbers Local 98 Defined Benefit Pension Fund, Pipefitters Local 636 Defined Benefit Pension Fund, and I.A.M. Motor City Pension Funds. Southfield.
Barris, Sott, Denn & Driker, P.L.L.C. (by Michael J. Reynolds), for Michigan Electric and Gas Association. Detroit.
Michael B. Serling, Angela J. Nicita. and Zamler, Mellen & Schiffman, P.C. (by Margaret Holman-Jensen), for Channing Pollock and others. Birmingham; Allen Park; Southfield.
Goldberg, Persky & White, P.C. (by James J. Bedortha and Lane A. Clack), for Asbestos Claimants. Saginaw.
Supreme Court of Michigan.
CORRIGAN, J.
This wrongful death case requires us to consider whether the common-law "discovery rule," which allows tolling of the statutory period of limitations when a plaintiff could not have reasonably discovered the elements of a cause of action within the limitations period, can operate to toll the period of limitations, or whether MCL 600.5827, which has no such provision, alone governs the time of accrual of the...
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