Garden City Osteopathic Hospital v. HBE Corp.

RYAN, Circuit Judge.

In this diversity action under Michigan law, the plaintiff, Garden City Osteopathic Hospital (GCOH), seeks damages allegedly arising from construction work performed by the defendants, HBE Corporation and Hospital Designers, Inc. (HDI). The district court granted summary judgment to the defendants, reasoning that a Michigan statute of repose, Mich.Comp.Laws Ann. § 600.5839, barred the plaintiffs claims. We find the statute of repose inapplicable, and REVERSE the entry of summary judgment.

I

Garden City Osteopathic Hospital is located in Garden City, Michigan. Sometime in the…