Biafore v. Baker

Plaintiff, Josephine Biafore, appeals a trial court’s grant of accelerated judgment, GCR 1963, 116.1(5), in favor of defendants, Rose and Mary Baker.

On June 12, 1978, plaintiff was allegedly involved in a traffic accident with an automobile that was owned by defendant Mary Baker and driven by defendant Rose Baker. Plaintiff asserts she attempted to commence this action by mailing a complaint to the Macomb County Circuit Court on June 4, 1981. However, the complaint was not stamped or processed by the clerk of the court until June 16, 1981, four days after the statute of limitations had run.

Def…