Brashers v. Jefferson

Plaintiff’s cause of action arose on April 6, 1970, and the only suit presently before us on appeal was commenced on February 19, 1974 — the intervening period being 3 years, 10 months and 12 days.

In Buscaino v Rhodes, 385 Mich 474, 481; 189 NW2d 202 (1971), our Supreme Court stated that:

"It is only when the action is not commenced within *557the statutory period — as determined by consulting the date of claim, the date of filing the complaint and the calendar — it is only when a prima facie bar of the statute appears, that tolling comes into play.”

As plaintiffs action herein was subject to a…