Zwiers v. Growney

MURPHY, EJ.

In this medical malpractice lawsuit, plaintiff appeals as of right the trial court’s order granting summary disposition in favor of defendants under MCR 2.116(C)(7). At issue is whether plaintiffs case was properly dismissed when she mistakenly filed her complaint and affidavit of merit 181 days after serving her notice of intent (NOI) on defendants, instead of commencing her action one day later or at least 182 days following service of the notice, as required by MCL 600.2912b(l). The trial court dismissed the action, ruling that the premature filing of the complaint and affidavit…