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05/17/76 BARCZAK v. ROCKWELL INTERNATIONAL

May 17, 1976

BARCZAK
v.
ROCKWELL INTERNATIONAL CORPORATION



Appeal from Wayne, John D. O'Hair, J.

Bronson, P. J., and Bashara and M. F. Cavanagh, JJ. Bashara, J., concurred. M. F. Cavanagh, J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Limitation of Actions -- Tolling of Statute of Limitations -- Statutes.

The statutes of limitations are tolled when (1) the complaint is filed and a copy of the summons and complaint are served on the defendant, or when (2) jurisdiction over the defendant is otherwise acquired, or when (3) the complaint is filed and a copy of the summons and complaint in good faith, are placed in the hands of an officer for immediate service, but in this case the statutes shall not be tolled longer than 90 days thereafter (MCLA 600.5856; MSA 27A.5856).

2. Limitation of Actions -- Tolling of Statute of Limitations -- Civil Remedies -- Administrative Remedies.

The statute of limitations for a civil damage action is not tolled when a plaintiff seeks relief through administrative proceedings; the tolling provisions apply only to prior court proceedings and lawsuits between the same parties involving the same cause of action.

3. Limitation of Actions -- Tolling of Statute of Limitations -- Cause of Action.

The tolling of the statute of limitations is independent of the nature of the cause of action; therefore, the same provisions for the tolling of the statute of limitations are applied to all lawsuits regardless of the nature of the cause of action.

4. Election of Remedies -- Discrimination in Employment -- Independent Remedies.

The civil and administrative remedies available to a plaintiff who claims discrimination in employment due to sex are independent of each other; therefore, a plaintiff is required to take the minimal steps necessary to preserve each claim independently.

Dissent by M. F. Cavanagh, J.

5. Limitation of Actions -- Civil Rights Commission -- Jurisdiction -- Civil Actions -- Statutes.

The acquisition of jurisdiction over a defendant by the Michigan Civil Rights Commission, a constitutionally created administrative tribunal, tolls the running of the statute of limitations applicable to a civil action for damages ...


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