Eggleston v. Bio-Medical Applications of Detroit, Inc

This case presents the question whether a successor personal representative has two years after appointment to file an action on behalf of an estate under the wrongful death saving statute, MCL 600.5852, or whether the two-year period is measured from the appointment of the initial personal representative. The Court of Appeals affirmed summary disposition for defendants, holding that the plain language of the statute refers only to one set of letters of authority issued to the personal representative. 248 Mich App 640; 645 NW2d 279 (2001). However, the Court of Appeals misread the statute and…