Opinion
Docket No. 77-849.
Decided December 1, 1977. Leave to appeal denied, 402 Mich ___.
Appeal from Macomb, Howard R. Carroll, J. Submitted November 8, 1977, at Detroit. (Docket No. 77-849.) Decided December 1, 1977. Leave to appeal denied, 402 Mich ___.
Complaint by John Olijnyk, administrator of the estate of Michael Olijnyk, deceased, against Harrison Community Hospital, Inc., Dr. Frank Cheung and Dr. Henry Winkler, M.D., P.C., for damages for wrongful death resulting from malpractice. Accelerated judgment in favor of defendant Winkler. Plaintiff appeals. Affirmed.
Craig, Fried Heidt, for plaintiff.
Schureman, Frakes, Glass Wulfmeier, for defendant Dr. Henry Winkler.
Plaintiff brought an action for wrongful death against defendants. The complaint is based on allegations of malpractice.
Defendant Winkler moved for accelerated judgment on the ground that the action against him was barred by the two-year statute of limitations applicable to actions charging malpractice. MCLA 600.5805(3); MSA 27A.5805(3). The motion was granted.
Plaintiff contends that for wrongful death actions the proper period of limitations is the three-year period provided for in MCLA 600.5805(7); MSA 27A.5805(7). It has been so ruled in several cases not involving a charge of malpractice. Rhule v Armstrong, 384 Mich. 709; 187 N.W.2d 223 (1971), Coury v General Motors Corp, 376 Mich. 248; 137 N.W.2d 134 (1965), Szydelko v Smith's Estate, 259 Mich. 519; 244 N.W. 148 (1932).
This Court has ruled, however, that the two-year period of limitations for malpractice actions is applicable to wrongful death actions which charge malpractice. Castle v Lockwood-MacDonald Hospital, 40 Mich. App. 597; 199 N.W.2d 252 (1972). We are persuaded that that ruling was correct and we apply it here.
The lower court is affirmed. Costs to appellee.