Michigan Court of Appeals; Docket Nos. 78937 and 78927; Published
Judges Maher, Wahls, and Hood; Unanimous; Per Curiam
Official Michigan Reporter Citation: 148 Mich App 464; Link to Opinion 
STATUTORY INDEXING:
Statute of Limitations [§3135]
TOPICAL INDEXING:
Revised Judicature Act – Miscellaneous Provisions
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals, on leave granted, affirmed the denial by the trial court of defendant's motions for accelerated judgment asserting the statute of limitations defense.
Plaintiff was injured on February 19,1979, in an automobile accident Plaintiff’s complaint was riled on November 2,1983, and subsequently, additional defendants were added by amended complaint. All defendants contended that the statute of limitations had expired, and moved for accelerated judgment. Plaintiff responded to the defense alleging that she did not know nor could have reasonably known of her serious impairment until August of 1983.
The Court of Appeals, in reliance upon Mielke v Waterman (Item No. 861), held that a cause of action for damages for noneconomic losses from a serious impairment of body function does not accrue until the plaintiff discovered or should have discovered the serious impairment of body function.
Under the no-fault act, a suit for noneconomic loss has as a prerequisite for maintaining suit the allegation of serious impairment of body function or permanent serious disfigurement. Pursuant to Supreme Court interpretation of the provisions of MCLA 600.5827; MSA 27A.5827, a cause of action accrues when all of the elements of the cause of action have occurred and can be alleged in a proper complaint. The Court of Appeals held that the element of "serious impairment of body function or permanent serious disfigurement is an essential element of damages without which the plaintiff is unable to proceed, and therefore, all of the elements of plaintiff s cause of action did not occur until her injuries manifested themselves in a serious impairment of body function."
