Michigan Court of Appeals; Docket #266796; Unpublished
Judges O’Connell, Murphy, and Wilder; 2-1 (Judge Murphy concurring in result only); per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
One-Year Back Rule Limitation [3145(1)]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations
CASE SUMMARY:
In this 2-1 unpublished per curiam opinion, the Court of Appeals affirmed summary disposition for defendant, finding that plaintiff’s claim for no-fault benefits filed four years after the accident was untimely. A pedestrian, Ramon Navarro, sustained incapacitating injuries when he was struck by a car. Four years after the accident, plaintiff, Navarros’ guardian, filed an action for PIP benefits with defendant, the insurer of the vehicle that hit Navarro. Defendant denied benefits because it did not receive timely notice of the claim. Plaintiff filed this action. The trial court granted defendant summary disposition based on the Court of Appeals decision in Cameron v Auto Owners Insurance Ass’n [RB #2473]. In affirming, the Court of Appeals noted that under Cameron, MCL 600.5851(1) of the Revised Judicature Act (RJA) does not apply to MCL 500.3145(1) because a cause of action brought under the no-fault act in not an action under the RJA. In this regard, the court stated:
“In Cameron, . . . this Court held that MCL 600.5851(1) does not apply to MCL 500.3145(1) because a cause of action brought pursuant to the no-fault act is not ‘an action under [the RJA]. On appeal, plaintiff makes numerous arguments with respect to why she believes Cameron was wrongly decided. However, Cameron is a published opinion of this Court and has not yet been altered or questioned by the Supreme Court, so we are bound to follow it. . . . Therefore, we reject plaintiff’s claim that Cameron should not apply because it was wrongly decided.”
