Legal Opinion · Dissent

Sam v. Balardo

Michigan Court of Appeals

Decided August 7, 1978No. Docket 30138Published

1DissentM. F. Cavanagh, J.

Plaintiff sued defendant for legal malpractice. The jury returned a verdict of no cause of action, and plaintiff appeals, assigning error in the court’s instructions.

Plaintiff contends that the court erred by instructing the jury to apply a two-year statute of limitations to plaintiff’s claim. Plaintiff asserts that the proper period of limitations is three years. The statutes in question are these:

"Sec. 5805. No person may bring or maintain any action to recover damages for injuries to persons or property unless, after the claim first accrued to himself *24or to someone through whom he claims,…

2Cases cited12 opinions

  1. Savings Bank v. WardSupreme Court of the United States · 1880
  2. City of Lansing v. Township of LansingMichigan Supreme Court · 1959
  3. Kambas v. St. Joseph's Mercy Hosp. of DetroitMichigan Supreme Court · 1973
  4. In re MillsMichigan Supreme Court · 1850
  5. Leslie v. MollicaMichigan Supreme Court · 1926

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