Legal Opinion

Talbot v. Stoller

Michigan Supreme Court

Decided May 17, 1962No. Docket 85, Calendar 49,109PublishedCited by 5 opinions

1Opinion of the CourtOtis M. Smith, J.

Leave to appeal was granted from an order denying plaintiff’s motion to file an amendment to her declaration. The trial judge ruled that the proposed amendment stated a new cause of action and hence is barred by the statute of limitations.

The declaration charges the defendants with negligence and malpractice which allegedly ■ occurred during the month of April, 1958. The limitation on actions for malpractice is 2 years. CLS 1956, § 609.13, subd 3 (Stat Ann 1959 Cum Supp § 27.605, subd 3).

At the pretrial hearing on August 22, 1960, plaintiff requested permission to file an amendment to her…

2Cases cited3 opinions

  1. Muskegon Hardware & Supply Co. v. GreenMichigan Supreme Court · 1955
  2. Bockoff v. CurtisMichigan Supreme Court · 1928
  3. Stowe v. MayMichigan Supreme Court · 1929

3Cited by5 opinions

  1. LaBar v. CooperMichigan Supreme Court · 1965
  2. Doan v. Chesapeake & Ohio Railway Co.Michigan Court of Appeals · 1969
  3. Huizenga v. Yellow Transit Freight Lines, Inc.Michigan Court of Appeals · 1965
  4. State Mutual Cyclone Insurance v. O & a Electric CooperativeMichigan Supreme Court · 1968
  5. State Mutual Cyclone Insurance v. O & a Electric CooperativeMichigan Supreme Court · 1968

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