Mich. Court Declines to Apply Discovery Rule and Dismisses Untimely Claims

LANSING, MI - A Michigan appellate court declined to apply the discovery rule to allow a mold personal injury case to go forward, saying that the rule does not apply in every case and plaintiffs did not provide a basis for delay. Williams v. V.R. Thomas Construction Co., No. 263309 (Mich. Ct. App.).

Anthony Williams and Bruce Wendel sued V.R. Thomas Construction Co., alleging that they suffered respiratory and sinus illnesses because of mold caused by defects in a roof replaced by V.R. Thomas.

The roofing contractor was retained in late 1999 by the Oakland Livingston Human Services Agency, …