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LINDSEY v. HARPER HOSP.

Docket No. 104430, Calendar No. 10.

564 N.W.2d 861 (1997)

455 Mich. 56

Lanya LINDSEY, as Personal Representative of the Estate of Carolyn R. Lindsey, Deceased, Plaintiff-Appellant, and Blue Cross/Blue Shield of Michigan, Intervening Silent Plaintiff-Appellant, v. HARPER HOSPITAL, a Michigan corporation; Defendant-Appellee, and Richard Lenaghan, M.D.; Richard Lenaghan, M.D., P.C., a Michigan Professional Corporation; Robert J. Holmes, M.D., and Arbula, Asfaw and Holmes Cardiovascular and Thoracic Surgeons, P.C., an assumed name of Arbula and Asfaw Cardiovascular Surgeons, P.C., a Michigan Professional Corporation, Jointly and Severally, Defendants.

Supreme Court of Michigan.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Richard D. Fox and Richard Toth, Southfield, for plaintiff-appellant.

John B. DeMoss, Clinton Twp., for the intervening plaintiff.

Dykema, Gossett, P.L.L.C. by Daniel G. Wyllie and Kathleen McCree Lewis, Detroit, Charles D. Brown, Bloomfield Hills, and Wilson A. Copeland, II, Detroit, for defendants.

Opinion

WEAVER, Justice.

The question presented is whether the plaintiff's wrongful death medical malpractice claim is barred despite the statute of limitations saving provision of M.C.L. § 600.5852; M.S.A. § 27A.5852. Specifically, we must decide whether the statute of limitations saving provision began to run when the probate court issued plaintiff letters of authority as temporary personal representative on September 14, 1990, or when the probate...

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