Haksluoto v. Mt. Clemens Regional Med. Ctr. (Opinion - Leave Granted)Annotate this Case
Jeffrey and Carol Haksluoto filed a medical malpractice claim against Mt. Clemens Regional Medical Center, General Radiology Associates, PC, and Eli Shapiro, DO, for injuries Jeffrey sustained after he was misdiagnosed in Mt. Clemens’s emergency room. Plaintiffs mailed a notice of intent (NOI) to file a claim on December 26, 2013, the final day of the two-year statutory period of limitations. Plaintiffs filed their complaint on June 27, 2014, which was 183 days after service of the NOI. Defendants moved for summary judgment, arguing that the suit was barred by the two-year statute of limitations. The trial court denied defendants’ motion. Defendants appealed, and the Court of Appeals reversed, holding that MCR 1.108 (the rule concerning the calculation of time) was best understood to signify that the 182-day notice period began on December 27, 2013 (the day after plaintiffs served the NOI) and expired on June 26, 2014, which meant that the notice period did not commence until one day after the limitations period had expired, and therefore filing the NOI on the last day of the limitations period failed to toll the statute of limitations. The Michigan Supreme Court granted plaintiffs’ application for review, finding the trial court was correct in its calculation of time.