Hardy v. Maxheimer

I would apply the savings provision found in MCL 600.5852; MSA 27A.5852 to survival-type actions brought under the wrongful death statute as well as to death-type actions brought under that act. The wrongful death statute was intended to create one single cause of action for death caused by wrongful conduct. See In re Olney’s Estate, 309 Mich 65, 76-78; 14 NW2d 574 (1944) (Sharpe, J., dissenting); Grimes v King, 311 Mich 399, 414; 18 NW2d 870 (1945); Siverling v Lee, 90 F Supp 659, 660 (ED Mich, 1950). Under the statute one cause of action may be pressed for all damages flowing from injuries…