Legal Opinion

Heisler v. Rogers

Michigan Court of Appeals

Decided January 26, 1982No. Docket 54480PublishedCited by 15 opinions

1Per curiam

On March 22, 1972, defendant performed a laminectomy on Carl Heisler and left a piece of needle which had broken off in plaintiff Carl Heisler’s back. On August 16, 1979, plaintiffs commenced this action in Wayne County Circuit Court. Defendant filed a motion for accelerated judgment based on the statute of limitations. The trial court granted the defendant’s motion. Plaintiffs appeal from that order as of right.

The statute of limitations for malpractice is two years. MCL 600.5805(4); MSA 27A.5805(4). Accrual of the claim is governed by MCL 600.5838; MSA 27A.5838, which states:

"A claim based…

2Cases cited11 opinions

  1. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  2. Johnson v. CaldwellMichigan Supreme Court · 1963
  3. Dyke v. RichardMichigan Supreme Court · 1973
  4. Winfrey v. FarhatMichigan Supreme Court · 1969
  5. Kelleher v. MillsMichigan Court of Appeals · 1976

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3Cited by15 opinions

  1. Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country ClubMichigan Court of Appeals · 2009
  2. Kincaid v. CardwellMichigan Court of Appeals · 2013
  3. Morgan v. TaylorMichigan Supreme Court · 1990
  4. Slayton v. Michigan Host, IncMichigan Court of Appeals · 1985
  5. McKiney v. ClaymanMichigan Court of Appeals · 1999

10 more not listed; retrieve them via the Exa API.

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