DIANE M PERO V NORMAN LEE FAUGHT
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STATE OF MICHIGAN
COURT OF APPEALS
DIANE M. PERO,
UNPUBLISHED
July 30, 2002
Plaintiff-Appellant,
v
No. 231036
Shiawassee Circuit Court
LC No. 00-004722-NI
NORMAN LEE FAUGHT,
Defendant-Appellee.
Before: Murray, P.J., and Sawyer and Zahra, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the trial court’s order dismissing her negligence claim
based on the statute of limitations. We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
Plaintiff argues that the circuit court erred by refusing to apply the discovery rule to toll
the running of the limitations period. We disagree. “We review de novo a trial court’s decision
on a motion for summary disposition under MCR 2.116(C)(7). Further, whether plaintiff’s claim
is statutorily time-barred is a question of law for this Court to decide de novo.” DiPonio
Construction Co, Inc v Rosati Masonry Co, Inc, 246 Mich App 43, 46-47; 631 NW2d 59 (2001)
(citations omitted).
The discovery rule does not apply in a case of ordinary negligence in which a plaintiff
merely misjudges the severity of a known injury. Stephens v Dixon, 449 Mich 531, 537-539;
536 NW2d 755 (1995). Like Stephens, this is a case of ordinary automobile negligence. There
is no dispute that plaintiff’s latest complaint was filed over eleven years after the automobile
collision alleged to have injured plaintiff. There is also no dispute that plaintiff filed a complaint
alleging injuries arising from the same accident within three years of that accident but allowed
that action to lapse by failing to serve the complaint. Plaintiff was aware of injuries to her low
back and hip, which could have been caused by the automobile accident well within three years
of that accident. While plaintiff did not learn of her herniated discs until much later, this was a
matter of misjudging the severity of the injury rather than not knowing of any injury or possible
cause of action.
-1-
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Brian K. Zahra
-2-
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