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Keywords

lawsuitplaintiffdefendantdiscoverynegligencestatuteappealstatute of limitationslegislative intent
discoveryappealcommon law

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Trentadue v. Buckler Lawn Sprinkler, 479 Mich. 378, 738 N.W.2d 664

Facts

Margarette F. Eby was murdered in November 1986 at her home, and the crime remained unsolved until 2002 when DNA evidence identified Jeffrey Gorton, an employee of Buckler Automatic Lawn Sprinkler Company, as the perpetrator. Eby's daughter, Dayle Trentadue, filed a wrongful death lawsuit in 2002 against Gorton, his parents, Buckler, and others, alleging negligence in hiring and security. The defendants argued that the lawsuit was barred by the three-year statute of limitations for wrongful death claims, while the plaintiff contended that the common-law discovery rule should toll the limitations period until she discovered Gorton's identity.

This case arises from the tragic rape and murder of Margarette F. Eby in November 1986 at her home in Flint.

Issue

Whether the common-law discovery rule applies to toll the statute of limitations for wrongful death actions under Michigan law, or whether the statutory scheme exclusively governs the time of accrual for such claims.

We conclude that MCL 600.5827 alone controls.

Rule

The Michigan Supreme Court held that the statutory scheme for wrongful death actions is exclusive and precludes the application of the common-law discovery rule to toll the statute of limitations.

The statutory scheme for wrongful death action was exclusive and thus precluded common law practice of tolling accrual based on discovery.

Analysis

The court analyzed the statutory provisions governing wrongful death actions and concluded that the absence of a discovery provision in the relevant statutes indicated that the Legislature intended to establish a clear and exclusive framework for determining the time of accrual for such claims. The court emphasized that allowing the common-law discovery rule to apply would undermine the legislative intent and create uncertainty in the application of the statute of limitations.

We reject this contention because the statutory scheme is exclusive and thus precludes this common-law practice of tolling accrual based on discovery in cases where none of the statutory tolling provisions apply.

Conclusion

The Michigan Supreme Court reversed the Court of Appeals' decision and held that the common-law discovery rule does not apply to wrongful death actions, thereby affirming the dismissal of the plaintiff's claims as untimely.

Judgment reversed and case remanded.

Who won?

Buckler Automatic Lawn Sprinkler Company and its co-defendants prevailed in the case because the Michigan Supreme Court ruled that the common-law discovery rule could not be applied to toll the statute of limitations for wrongful death claims, leading to the dismissal of the plaintiff's lawsuit.

Buckler, the Gortons, and MFO sought leave to appeal in this Court. We granted leave to appeal to consider whether a common-law discovery rule continues to exist in Michigan or whether MCL 600.5827, which has no common-law discovery provision, is the exclusive means of establishing tolling.

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