Michigan Court of Appeals; Docket No. 75704; Published
Judges Allen, Wahls, and Warshawsky; Unanimous
Official Michigan Reporter Citation: 136 Mich App 500; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Warshawsky, the Court of Appeals rejected plaintiff’s argument that the one year statute of limitations for filing an action to recover PIP benefits is tolled until the plaintiff discovers that the injury is causally related to the automobile accident In support of such an argument, plaintiff cited the "discovery rule" which is part of the medical malpractice statute of limitations. The Court declined to adopt such a tolling provision for no-fault first party claims on the basis that to do so would constitute "judicial legislation." The plaintiff in this case did not make the connection between her physical condition and the automobile accident until approximately 15 months after the accident The Court of Appeals held that the trial court properly granted accelerated judgment under §3145 of the Act.
