Michigan Court of Appeals; Docket #261736; Unpublished
Judges Murphy, Meter, and Davis; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
On June 25, 2008, the Michigan Supreme Court REVERSED the judgment of the Court of Appeals; Link to MSC Summary
STATUTORY INDEXING:
One-Year Back Rule Limitation [3145(1)]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals reversed in part and remanded for entry of an order of partial summary disposition in defendant’s favor, finding that plaintiffs could not recover personal injury protection benefits relating to any losses that were incurred more than one year before the plaintiffs’ filed their complaint.
In finding for defendant, the Court of Appeals explained that its determination was controlled by the recent Supreme Court decision in Cameron v Auto Club Insurance Association, 476 Mich 55 (2006) [RB #2648], where the court held that the minority and insanity tolling provision in MCL 600.5851(1) does not apply to the one-year back limitation on damages contained in MCL 500.3145(1). Furthermore, the Court of Appeals rejected plaintiffs’ argument that Cameron should be applied prospectively. In this regard, the court stated:
“We conclude that our Supreme Court’s decision in Cameron v Auto Club Ins Ass’n, 476 Mich 55; 718 NW2d 784 (2006), is dispositive of defendant’s claim that plaintiffs may not recover PIP benefits relating to any losses incurred more than one year before plaintiffs filed their complaint on April 2, 2003. Under Cameron, supra at 62, the minority and insanity tolling provision in MCL 600.5851(1) does not apply to the one-year-back limitation on damages in MCL 500.3145(1). Further, we reject plaintiffs’ claim that Cameron should be applied prospectively.”