Judge Dismisses Case After High Court Abolishes Discovery Rule

PONTIAC, Mich. - Acting after the state Supreme Court ended the use of the common law discovery rule to toll filing periods, a Michigan judge has dismissed a workplace mold case filed outside the three-year limitations period for tort cases. Colaianni, et al. v. Stuart Frankel Development Corp., et al., No. 2003 051245 NO (Mich. Cir. Ct., Oakland Cty.).

If it stands, the Sept. 24 dismissal by Oakland County Circuit Court Judge Edward Sosnick would moot an appeal of his May 29 order limiting testimony by medical experts for Connie Colaianni and other plaintiffs (See HarrisMartin Columns: Mold, July 2007).