Castro v. Goulet

Ronayne Krause, R J.

Plaintiffs appeal as of right an order granting defendants’ motion for summary disposition of their medical malpractice claim under MCR 2.116(C)(7) for the failure to file an affidavit of merit (AOM) with their complaint within the two-year period of limitations. Instead of an AOM, plaintiffs filed with their complaint a motion to extend the time for filing an AOM as provided for by MCL 600.2912d(2). The trial court granted that motion; however, the court subsequently granted summary disposition on the grounds that the action itself was untimely. We reverse and remand.

This…