Bill Text: MI SB1058 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years after repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: SB 0132'13

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Government Operations [SB1058 Detail]

Download: Michigan-2013-SB1058-Introduced.html

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SENATE BILL No. 1058

 

 

September 16, 2014, Introduced by Senator BIEDA and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5805. (1) A person shall not bring or maintain an action

 

to recover damages for injuries to persons or property unless,

 

after the claim first accrued to the plaintiff or to someone

 

through whom the plaintiff claims, the action is commenced within

 

the periods of time prescribed by this section.

 

     (2) Subject to subsections (3) and (4), the period of

 

limitations is 2 years for an action charging assault, battery, or

 

false imprisonment.

 

     (3) The period of limitations is 5 years for an action

 

charging assault or battery brought by a person who has been

 

assaulted or battered by his or her spouse or former spouse, an

 

individual with whom he or she has had a child in common, or a

 

person with whom he or she resides or formerly resided.

 

     (4) The period of limitations is 5 years for an action

 

charging assault and battery brought by a person who has been

 

assaulted or battered by an individual with whom he or she has or

 

has had a dating relationship.

 

     (5) The period of limitations is 2 years for an action

 

charging malicious prosecution.

 

     (6) Except as otherwise provided in this chapter, the period

 

of limitations is 2 years for an action charging malpractice.

 

     (7) The period of limitations is 2 years for an action against

 

a sheriff charging misconduct or neglect of office by the sheriff

 

or the sheriff's deputies.

 

     (8) The period of limitations is 2 years after the expiration

 

of the year for which a constable was elected for actions based on

 

the constable's negligence or misconduct as constable.

 

     (9) The period of limitations is 1 year for an action charging

 

libel or slander.

 

     (10) Except as otherwise provided in this section, the period

 

of limitations is 3 years after the time of the death or injury for

 

all actions to recover damages for the death of a person, or for

 

injury to a person or property.

 

     (11) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property brought by a

 

person who has been assaulted or battered by his or her spouse or

 

former spouse, an individual with whom he or she has had a child in

 

common, or a person with whom he or she resides or formerly

 

resided.

 

     (12) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property brought by a

 

person who has been assaulted or battered by an individual with

 

whom he or she has or has had a dating relationship.

 

     (13) The period of limitations is 3 years for a products

 

liability action. However, in the case of a product that has been

 

in use for not less than 10 years, the plaintiff, in proving a

 

prima facie case, shall be required to do so without benefit of any

 

presumption.

 

     (14) An action against a state licensed architect or

 

professional engineer or licensed professional surveyor arising

 

from professional services rendered is an action charging

 

malpractice subject to the period of limitation contained in

 

subsection (6).

 

     (15) The period of limitations for a cause of action based on

 

drug product liability that was barred by section 2946(5) and that

 

otherwise could have been commenced after January 1, 1996 and

 

before the effective date of the amendatory act that deleted

 

section 2946(5) is 3 years after the effective date of the

 

amendatory act that deleted section 2946(5).

 

     (16) (15) The periods of limitation under this section are

 

subject to any applicable period of repose established in section

 

5838a, 5838b, or 5839.

 

     (17) (16) The amendments to this section made by 2011 PA 162

 

apply to causes of action that accrue on or after January 1, 2012.

 

     (18) (17) As used in this section, "dating relationship" means

 

frequent, intimate associations primarily characterized by the

 

expectation of affectional involvement. Dating relationship does

 

not include a casual relationship or an ordinary fraternization

 

between 2 individuals in a business or social context.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 132 of the 97th Legislature is enacted into

 

law.