Wayne County Circuit Court; Docket 79-901-519-CK; Unpublished
Judge Roman Gribbs
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a decision explained in a letter to the author, Judge Gribbs held that the statute of limitations general savings clause for minors applies to the no-fault one year statute of limitations contained in §3145. In this particular case Tina Pollard was a minor whose age at the time of the accident was seven. She was a pedestrian crossing the street and was struck by a car. She lived with her divorced mother and other minor children and there was no car in the family. The mother did not know that the minor was entitled to no-fault benefits for over three years. An application for benefits was filed, denied and a lawsuit commenced. Defendant alleged that the claim is barred by the one year statute of limitations. The defendant's motion for accelerated or summary judgment on this basis was denied by Judge Gribbs for the reason that §3112 provides that PIP benefits are payable "to or for the benefit of an insured person." In this case, the minor was the injured person and thus the cause of action belongs to the minor and is therefore tolled until the minor reaches her nineteenth birthday, not withstanding the one year statute of limitations contained
