Opinion
SC 166690 COA: 361655
10-28-2024
PAUL D. TOMAN, Personal Representative of the ESTATE OF ADELA TOMAN, Plaintiff-Appellant, v. CARRIE McDANIELS, PTA, DANIELLE SCHUELER, COTA-L, and SPARROW HOSPITAL, Defendants-Appellees.
Ingham CC: 21-000600-NH.
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
By order of April 29, 2024, the application for leave to appeal the November 21, 2023 judgment of the Court of Appeals was held in abeyance pending the decisions in Armijo v Bronson Methodist Hosp (Docket Nos. 165399-400) and Carter v DTN Mgt Co (Docket No. 165425). On order of the Court, leave to appeal having been denied in Armijo on July 29, 2024, Mich. (2024), and Carter having been decided on July 29, 2024, Mich. (2024), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The Court of Appeals erred when it held that AO No. 2020-3 only applied to statutes of limitations that would have otherwise expired within the COVID-19 exclusion period. As demonstrated by Carter, AO No. 2020-3 is not so limited. When the deadlines in this case are calculated in a way that takes into account the COVID-19 exclusion period, the plaintiff's complaint was timely filed. We REMAND this case to the Ingham Circuit Court for further proceedings not inconsistent with this opinion.
We do not retain jurisdiction.