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Geary v. Yff12/2/2003
ends before the limitations period expires, no tolling of the limitations period occurs. Omelenchuk, supra.
The trial court did not err in concluding that plaintiff could not utilize the tolling provision within MCL 600.5856(d). Pursuant to that statute, the statute of limitations or repose are tolled if:
during the applicable notice period under section 2912b, a claim would be barred by the statute of limitations or repose, for not longer than a number of days equal to the number of days in the applicable notice period after the date notice is given in compliance with section 2912b.
[Emphasis added.]
Notice is "given" under MCL 600.2912b(2) by mailing the notice to the last known business or residential address of the health care professional. Importantly, the statute indicates that "proof of mailing constitutes prima facie evidence of compliance with this section." Id. Under these terms, the notice is "given" by the mailing of the notice, as that is when "compliance" with the notice provision occurs, absent evidence refuting the prima facie evidence.
As a result of the foregoing, and as the trial court held, the 182-day period commenced on February 22, 2001. Plaintiff therefore could have timely filed her complaint after the 182-day period ended and before the two-year statute of limitations expired on August 24, 2001. Hence, the tolling provision did not apply. Omelenchuk, supra.
Finally, plaintiff cites no authority to support her assertion that treatment referred to in the notice of intent but not alleged to constitute negligence in the complaint governs the running of the statute of limitations. A party cannot simply state a claim and then leave it to this Court to search for authority to support or reject the claim. Leitch v Switchenko , 169 Mich App 761, 764; 426 NW2d 804 (1988).
Affirmed.
Christopher M. Murray, Hilda R. Gage, Kirsten Frank Kelly.
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