Opinion
SC 166191 COA 361263
04-19-2024
KIM L. WILKERSON, Plaintiff-Appellant, v. CHELSEA CHIROPRACTIC CENTER and JAMES G. DUNCAN, II, D.C., Defendants-Appellees.
Washtenaw CC: 21-001299-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
On order of the Court, the application for leave to appeal the August 24, 2023 judgment of the Court of Appeals is 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 and REMAND this case to the Washtenaw Circuit Court for further proceedings. The defendants moved for summary disposition under MCR 2.116(C)(7), arguing only that the plaintiff's medical malpractice claim was barred by the applicable statute of limitations due to his failure to file a timely and valid affidavit of merit (AOM). See MCL 600.2912(d). However, "[f]iling an AOM under MCL 600.2912d(1) is not required to commence a medical malpractice action and toll the statutory limitations period. Instead, the normal tolling rules apply to medical malpractice actions, and tolling occurs upon the filing of a timely served complaint." Ottgen v Katranji, 511 Mich. 223, 228 (2023). It is undisputed that the plaintiff filed and served his complaint within the applicable statute of limitations for a medical malpractice action. Accordingly, the trial court properly denied the defendants' motion for summary disposition. Given the limited basis upon which the defendants sought summary disposition in the trial court, we need not address whether the defendants might be entitled to summary disposition on any other basis.