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HARDY v. MAXHEIMER

Docket Nos. 78250-78253, (Calendar No. 6).

429 Mich. 422 (1987)

416 N.W.2d 299

HARDY v. MAXHEIMER JOHNSON v. MAXHEIMER

Supreme Court of Michigan.

Decided December 7, 1987.

Attorney(s) appearing for the Case

Dean, Dean, Segar, Hart & Shulman, P.C. (by Leonard B. Shulman), for the plaintiffs.

Kaufman & Payton (by Donald L. Payton and Jo Robin Davis) for defendant Maxheimer.

Wilson, Portnoy, Leader, Pidgeon & Roth, P.C. (by Robert P. Roth), for defendant Genesee County.

Decided December 7, 1987. Rehearing denied post, 1216.

ARCHER, J.

We granted plaintiffs leave to appeal primarily to determine (1) whether MCL 600.5852; MSA 27A.58521 applies to wrongful death cases in which death was "instantaneous," and (2) whether death by drowning is instantaneous as a matter of law.

We hold that the saving provision contained in MCL 600.5852; MSA 27A.5852...

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