Legal Opinion · Concurrence

Stephens v. Dixon

Michigan Court of Appeals

Decided April 5, 1993No. Docket 137734Published

1Concurrence

Murphy, J. (concurring).

I concur in the result reached by Judge Cavanagh, because of this Court’s decision in Hohendorf v Meagher, 188 Mich App 400; 470 NW2d 418 (1991), which adopted the majority opinion in Gagliardi v Flack, 180 Mich App 62; 446 NW2d 858 (1989). Administrative Order No. 1990-6, 436 Mich lxxxiv, requires me to follow Hohendorf. If not so restrained, I would reaffirm and adopt my dissent in Gagliardi, which basically held that the period of limitation does not start to run until the injured party *80knows, or in the exercise of reasonable diligence should have known, that the…

2Cases cited5 opinions

  1. Filcek v. Utica Building Co.Michigan Court of Appeals · 1984
  2. Mielke v. WatermanMichigan Court of Appeals · 1985
  3. Horan v. BrownMichigan Court of Appeals · 1986
  4. Gagliardi v. FlackMichigan Court of Appeals · 1989
  5. Hohendorf v. MeagherMichigan Court of Appeals · 1991

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