Ward v. Siano

FER CURIAM.

Flaintiff appeals as of right the trial court’s order granting summary disposition in defendants’ favor. We reverse because we are required by MCR 7.215(J)(1) to follow the holding in Mazumder v Univ of Michigan Bd of Regents, 270 Mich App 42; 715 NW2d 96 (2006). However, we disagree with the Mazumder holding that equitable tolling is appropriate in cases affected by the retroactive application of our Supreme Court’s ruling in Waltz v Wyse, 469 Mich 642; 677 NW2d 813 (2004). Fursuant to MCR 7.215(J)(2), we declare a conflict with Mazumder and state that, if we were not obligated to…