Michigan Supreme Court July 25, 2007, 128624 (Trentadue v. Buckler Automatic Lawn Sprinkler Company)

KELLY, J.

(dissenting). In this wrongful death action, the majority frames the issue as whether the common-law discovery rule tolls the statutory period of limitations or whether MCL 600.5827 alone governs when plaintiffs claims accrued. It concludes that MCL 600.5827 alone controls.

I strongly disagree with this decision for three reasons. First, MCL 600.5827 does not apply to this case.