Bosel v. Babcock

On March 23, 1984, plaintiff, Matthew Bosel, filed suit against defendant, Dr. Allen Babcock, M.D., alleging that defendant doctor had committed medical malpractice in treating plaintiff’s fractured leg. Defendant moved for accelerated judgment under GCR 1963, 116.1(5), now MCR 2.116(C)(7), asserting that plaintiff’s claim was barred by the applicable statute of limitations. After an evidentiary hearing, the trial judge granted defendant’s motion for accelerated judgment and dismissed plaintiff’s action. Plaintiff appeals as of right.

The factual setting surrounding plaintiff’s claim in this…