Document pBq3DmjyDmrBqR0Y0mdr7aaXk

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB D Y K E M A . G O SSETT. S P E N C E R . G O O D N O W & T R IG G * 3 5 T H FLOOR 4 0 0 R EN AISSAN C E CENTER - D E T R O IT . M IC H IG A N 4 8 2 4 3 KENNETH GRIMM, Personal Representative of the ESTATE OF HELEN GRIMM, Deceased, Plaintiff, -vs- FORD MOTOR COMPANY, a foreign corporation, UNION CARBIDE CORPORATION, a foreign corpora tion, DIAMOND SHAMROCK CORPORA TION, a foreign corporation, STAUFFER CHEMICAL COMPANY, a foreign corporation, TENNECO, INC., a foreign corporation, TENNECO CHEMICALS, INC., a foreign corporation, UNIROYAL, INC., a foreign corporation, ALLIED CHEMICAL CORPORATION, a foreign corporation, HOOKER CHEMICALS & PLASTICS CORP., a foreign corporation, n/k/a OCCIDENTAL CHEMICAL CORPORATION, a foreign corporation, FIRESTONE TIRE & RUBBER COMPANY, a foreign corporation, B. F. GOODRICH COMPANY, a foreign corporation, GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation, jointly and severally. Defendants Case No.'83-2872-NO Hon. Raymond R. Cashen / URL 09B59 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Defendants Uniroyal, Inc., Union Carbide Corporation, T.enneco Resins, Inc., Allied Chemical Corporation, Occidental Chemical Corporation, and Xhe Firestone Tire & Rubber Company, by their attorneys, Dykema, Gossett, Spencer, Goodnow & Trigg, move the Court for summary judgment pursuant to GCR 117.2(3), as undisputed facts establish that plaintiff's claims against these defendants are barred by the statute of limitations, as follows: 1 This is a wrongful death, product liability ,action filed on August 15, 1983 in which plaintiff seeks damages for decedent's August 16, 1980 death from breast cancer diagnosed by 1975, and alleged to have been caused by exposure to PVC-products supplied by the moving defendants to the Ford Motor Company Mt. Clemens Vinyl Plant adjacent to decedent's residence no later than 1976, 2. The Michigan Court of Appeals in Larson v Johns n r4 o Manville Sales Corporation, et al, _____ Mich App _____ (Slip op. z < 0 64286 decided January 17, 1985 -- copy attached), zu i 3 year statute of limitations in a wrongful death held that product the liability claim alleging death from cancer due to chemical exposure runs from the date of the defendants' alleged wrongful act? there is no "discovery" rule to extend the limitatiqns period until the alleged wrongful act is discovered. 3. Here, the wrongful act, as alleged, occured no later than 1976, by which time the decedent's cancer had been discovered, so the claim first filed in 1983 is time-barred. This motion is supported by a Brief, by plaintiff's c i2 CO cr> 0 deposition, by the affidavits served with medical records subpoenaed in this case, and by an affidavit of counsel. Concurrence in the relief requested was sought from plaintiff's counsel but could not be obtained; hence it is necessary to present this Motion to the Court. DYKEMA, GOSSETT, SPENCER, GOODNOW & TRIGG yDennis M.Haffey (P2637^)/ Attorneys for Defendants ^Jtfiroyal, Inc., Union Carbide Corporation, Tenneco Resins, Inc., Alufied Chemical Corporation, Occidental Chemical Corporation, and The Firestone Tire & Rubber Company 400 Renaissance Center, 35th Floor Detroit, Michigan 48243 (313) 568-6704 DATED: February 5, 1985 2