White v. Barbara Ann Karmanos Cancer Institute
White v. Barbara Ann Karmanos Cancer Institute
Opinion of the Court
Plaintiffs appeal as of right the trial court’s order granting defendants’ motions for summary disposition based on the expiration of the period of limitations. We reverse and remand.
A special conflict panel was convened pursuant to MCR 7.215(J)(3). While the conflict panel was pending, our Supreme Court reversed this Court’s decision in Apsey and held that the URAA and MCL 600.2102 provide alternative methods for using out-of-state affidavits. Apsey v Mem Hosp, 477 Mich 120; 730 NW2d 695 (2007). Because this resolved the conflict, the conflict panel, under MCR 7.215(J)(5), returned this case to us for further consideration in light of our Supreme Court’s decision in Apsey.
On our own motion, we now grant reconsideration. For the reasons set forth in our prior opinion in this case and in our Supreme Court’s recent decision in Apsey, we reverse and remand for further proceedings. The trial court granted summary disposition on the ground that the affidavit of merit was a nullity at the time the limitations period expired. Because the affida
Reversed and remanded. We do not retain jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.