THERESA A STEPHENS-LOCK V ANUP SUD
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STATE OF MICHIGAN
COURT OF APPEALS
THERESA A. STEPHENS-LOCK, Personal
Representative of the Estate of VIRGINIA
LOUISE STEPHENS, Deceased,
UNPUBLISHED
July 12, 2002
Plaintiff-Appellant,
No. 230726
Genesee Circuit Court
LC No. 00-068389-NH
v
ANUP SUD, M.D., and HURLEY MEDICAL
CENTER,
Defendants-Appellees.
Before: Hood, P.J., Saad and E. M. Thomas*, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the circuit court’s order dismissing her medical
malpractice action based upon the statute of limitations. We affirm. This appeal is being
decided without oral argument pursuant to MCR 7.214(E).
Plaintiff argues that the circuit court erred by refusing to find defendants estopped from
raising the statute of limitations as a defense. We find no error. The record shows nothing
suggesting that defendants made any false representations, concealed material facts, or otherwise
engaged in deceptive conduct which somehow induced plaintiff into believing she did not need
to re-file her complaint within the remaining portion of the limitations period. Any failure to
timely file the complaint was due to the oversight of plaintiff’s counsel rather than any
misleading conduct by defendants or their counsel. Defendants were not estopped from asserting
the statute of limitations as a defense. Lothian v City of Detroit, 414 Mich 160, 176; 324 NW2d
9 (1982).
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
* Circuit judge, sitting on the Court of Appeals by assignment.
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