Mitchell v. Harris

Defendant appeals from a judgment on a jury verdict awarding plaintiff damages for personal injury arising out of an automobile accident. Defendant assigns error to the trial court’s denial of her motion for summary judgment, which was based on her defense that plaintiffs claim was time-barred. She also assigns error to the trial court’s refusal to reduce the judgment by the amount of personal injury protection (PIP) wage loss benefits that plaintiff received from her insurer. We remand for entry of an amended judgment.

We address first the denial of defendant’s motion for summary judgment. On…