Michigan Court of Appeals; Docket No. 88172; Unpublished
Judges Gnbbs, Walsh, and Beasley; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Statute of Limitations [§3135]
TOPICAL INDEXING:
Revised Judicature Act – Miscellaneous Provisions
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals reversed the grant of defendant's motion for accelerated judgment based upon the statute of limitations.
Plaintiff was injured in an automobile accident on May 5, 1978. She filed her action for non-economic damages more than three years from the date of the accident on September 15, 1981. However, in response to defendant's motion for accelerated judgment based upon the statute of limitations, plaintiff asserted that her traumatically induced epilepsy did not manifest itself until 1980, and therefore, her claim did not accrue until that time. In reliance upon the prior holdings in Mielke v Waterman (Item No. 861) and Horan v Brown (Item No. 903), the Court of Appeals held the trial court's order granting accelerated judgment in error and reversed. In a separate opinion, Judge Beasley felt that, based upon her symptoms, plaintiff should have discovered the serious impairment of the body function by November 1978, but under this analysis, the statute of limitations had not yet run.
