Hardy v. Maxheimer

We granted plaintiffs leave to appeal primarily to determine (1) whether MCL 600.5852; MSA 27A.58521 applies to wrongful death cases in *425which death was "instantaneous,” and (2) whether death by drowning is instantaneous as a matter of law.

We hold that the saving provision contained in MCL 600.5852; MSA 27A.5852 operates to toll the statute of limitations in both survival-type actions and death-type actions brought under MCL 600.2922; MSA 27A.2922, the wrongful death statute.2 Thus, the plaintiffs in the instant case may pursue their wrongful death action to judgment because the personal…