Kermizian v. Sumcad

The Wayne Circuit Court granted a motion for summary disposition brought by defendants-appellee under MCR 2.116(C)(7) on the ground that plaintiff’s medical malpractice claim is barred by the statute of limitations. Plaintiff appeals as of right, arguing that summary disposition was inappropriate because the question of when plaintiff discovered or should have discovered his claim is a question of fact for the jury. We agree.

Defendant Dr. Sumcad performed a transurethral resection of plaintiff’s prostate gland in October 1977. Nine years later, on September 25, 1986, plaintiff filed a…