Omelenchuk v. City of Warren

On the basis of governmental immunity, the circuit court granted summary disposition in favor of the defendants. The Court of Appeals affirmed, but did so on the ground that the plaintiffs’ complaint was filed after the expiration of the statutory limitation period. We find that the plaintiffs’ complaint was timely filed. Accordingly, we vacate the judgment of the Court of Appeals and remand this case to the Court of Appeals for consideration of the immunity issue.

I

On February 13, 1994, a man named George Omelenchuk suffered a heart attack at work. The person who found him lying on the floor…