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SUTHERLAND v. KENNINGTON TRUCK SERVICE

Docket No. 102290, Calendar No. 15.

562 N.W.2d 466 (1997)

454 Mich. 274

Larry G. SUTHERLAND and Donna Sutherland, husband and wife, Plaintiffs-Appellants, v. KENNINGTON TRUCK SERVICE, LTD., an Ontario corporation, Elgin Leasing Ltd., a Division of Western Ontario Truck Centre, Inc., an Ontario corporation, Canadian Timken, Ltd., an Ontario corporation, and Gregory R. Zavitz, jointly and severally, Defendants-Appellees.

Supreme Court of Michigan.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Steinberg, O'Connor, Paton & Burns, P.L.L.C. by Richard L. Steinberg, Detroit, Philo, Atkinson, White, Stephens, Whitaker & Keenan by Harry M. Philo, Detroit, Gallon & Takacs, Co., L.P.A. by Jack Gallon, Toledo, OH, and Bendure & Thomas by Mark R. Bendure, Detroit, for plaintiffs-appellants.

Braunlich, Russow & Braunlich by William H. Braunlich, Monroe, for defendants-appellees.

MALLETT, Chief Justice.

In this choice of law case, an Ontario driver and an Ohio driver collided while on a Michigan highway. Plaintiffs filed suit in Michigan two years and twenty-two days after the accident. Both Ohio and Ontario have two-year statutes of limitations, while Michigan has a three-year statute of limitations. The trial court applied Ontario's statute of limitations, holding that Michigan had no interest in the litigation. We reverse and hold that...

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