Michigan Court of Appeals; Docket No. 77881; Published
Judges Shepherd, Holbrook, and Sapala; Unanimous
Official Michigan Reporter Citation: 145 Mich App 22; Link to Opinion 
STATUTORY INDEXING:
Statute of Limitations [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this significant decision by Judge Sapala, the Court of Appeals ruled that the statute of limitations for a tort claim under the no-fault statute does not accrue until plaintiff suffers an injury which constitutes a serious impairment of body function. In this case, plaintiff was injured in an automobile accident which occurred on August 19, 1977. Plaintiff’s alleged serious impairment of body function, traumatic epilepsy, first manifested itself on May 3, 1982 when plaintiff had a convulsive seizure. Plaintiff alleged that medical evidence would demonstrate that his epilepsy developed as a result of post-traumatic scarring on the brain caused by the automobile accident In ruling that plaintiff was not precluded by the statute of limitations, the court stated: "Because plaintiff’s cause of action did not accrue until he could allege all of the essential elements of the cause of action in a proper complaint, plaintiff’s cause of action did not accrue until he discovered or should have discovered the serious impairment of body function. Plaintiff’s cause of action therefore accrued on May 3, 1982."