Opinion
Docket No. 6,943.
Decided December 8, 1969. Leave to appeal granted July 1, 1970. See 383 Mich. 800.
Appeal from Saginaw, Fred J. Borchard, J. Submitted Division 3 December 4, 1969, at Grand Rapids. (Docket No. 6,943.) Decided December 8, 1969. Leave to appeal granted July 1, 1970. See 383 Mich. 800.
Complaint by Ozila Rhule, administratrix of the estate of Dorothy G. Stewart, deceased, against Carl A. Armstrong for wrongful death. Accelerated judgment for defendant. Plaintiff appeals. Affirmed.
Cicinelli, Mossner, Majoros, Harrigan Alexander, for plaintiff.
Cook, Nash, Deibel Borrello, for defendant.
Before: J.H. GILLIS, P.J., and McGREGOR and QUINN, JJ.
April 17, 1965, plaintiff's decedent fell down a flight of stairs in defendant's place of business and died the next day from the injuries received. July 16, 1968, an administrator of decedent's estate was appointed and by order of the same date, the administrator was authorized to bring this wrongful death action pursuant to CLS 1961 § 600.2922 (Stat Ann 1962 Rev § 27A.2922).
July 22, 1968, the action was filed. August 9, 1968, defendant moved for accelerated judgment, GCR 1963, 116.1(5), contending the action was barred by the statute of limitations. After oral argument, briefs were filed, and on January 28, 1969, defendant's motion was granted and judgment entered for defendant.
On appeal, plaintiff contends the three-year statute of limitations does not apply, and, if it does, it is extended for two years by MCLA § 600.5852 (Stat Ann 1962 Rev § 27A.5852).
MCLA § 600.5805 (Stat Ann 1962 Rev § 27A.5805), the three-year statute of limitations, applies to wrongful death actions. Coury v. General Motors Corporation (1965), 376 Mich. 248; Kushmaul v. Consumers Power Company (1966), 3 Mich. App. 626.
MCLA § 600.5852 applies to an action which survives by law. An action for wrongful death does not survive by law, it is created by law. Coury, supra.
Affirmed with costs to defendant.