Opinion
363931
05-08-2023
Edward Kalafus v. Fr Mauricio Gaborit
LC No. 22-000587-NO
Jane E. Markey Douglas B. Shapiro Judges
ORDER
MARK T. BOONSTRA PRESIDING JUDGE
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court PEREMPTORILY REVERSES the November 4, 2022 order denying summary disposition to defendant-appellant and REMANDS for entry of an order granting summary disposition to defendant-appellant. Plaintiffs negligence claim accrued in 1987; MCL 600.5851b(1)(b) does not change the accrual date. McLain v Roman Catholic Diocese of Lansing, Mich App,__; NW__2d(2023) (Docket Nos. 360163, 360173); slip op at 5. Because MCL 600.5851b(1)(b) does not apply retroactively to claims that were time-barred before the statute was enacted in 2018, id. at; slip op at 9, plaintiffs negligence claim against defendant-appellant is barred by the statute of limitations.
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.
Shapiro, J., concurs and states:
I concur with my colleagues' decision to peremptorily reverse the trial court in light of this Court's recent decision in McLain v Roman Catholic Diocese of Lansing, Mich App;N.W.2d(2023) (Docket Nos. 360163, 360173). While I do not agree with McLain's holding that MCL 600.5851b(1)(b) does not apply to claims that were time-barred before the statute's enactment, I am bound to follow it. MCR 7.215(C)(2), (J)(1). Were this issue before me on plenary review, I would be willing to consider convening a conflict panel to further evaluate it. However, given the circumstances, I conclude that a grant of leave to appeal rather than peremptory reversal is likely to only delay timely review by the Supreme Court.