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Hogan v Allstate Insurance Company; (COA-UNP, 1/11/1983; RB #611)


Michigan Court of Appeals; Docket No. 60479; Unpublished  
Judges T. M. Burns, Brennan, and Wahls; Unanimous; Per Curiam  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    

One-Year Notice Rule Limitation [§3145(1)]  
Tolling of Limitations for Mental Incompetence [§3145]

Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)    

In this unanimous per curiam Opinion, the Court of Appeals ruled that a fact question requiring jury determination was raised where plaintiff claimed that as a result of severe physical injuries sustained in an accident, she suffered "a condition of mental derangement such as to prevent the sufferer from comprehending rights he is otherwise bound to know" (MCLA 600.5851), thereby tolling the no-fault one year statute of limitations contained in §3145 of the Act. The trial court, without conducting any evidentiary hearing, ruled that, as a matter of law, plaintiff’s mental capacity to comprehend her legal rights was not affected by her physical injuries. In reversing the trial court, the Court of Appeals stated, "A careful review of the record in this case discloses that sufficient evidence exists from which a trier of fact could determine that plaintiff’s medical treatment after the accident caused mental incapacity which interfered with her ability to meaningfully comprehend her legal rights. Plaintiff’s injuries were so traumatic that they resulted in her being placed in full traction and a body cast for an extended period of time."

Lansing car accident lawyer Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit

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