Michigan Court of Appeals; Docket No. 123690; Published
Judges McDonald, MacKenzie, and Wahls; Unanimous; Per Curiam
Official Michigan Reporter Citation: 188 Mich App 400; Link to Opinion 
STATUTORY INDEXING:
Statute of Limitations [§3135]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals relied upon its previous holdings in Sherrell v Bugaski, 169 Mich App 10 (1988) and Gagliardi v Flack (Item No. 1292) and held that plaintiff’s third party tort claim accrued in 1982, the year of plaintiff’s accident, and was not tolled until plaintiff discovered that this accident had caused a herniated disc which was discovered in 1988. The trial court correctly ruled that plaintiff’s 1989 lawsuit was barred by the three-year statute of limitations set forth in MCLA 600.5805. The court's disposition of this issue made it unnecessary to consider the question of whether an earlier dismissal of plaintiff’s suit based upon a finding of no serious impairment of body function as a matter of law barred the filing of plaintiff’s 1989 lawsuit on the basis of res judicata.
