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12/03/75 LEMSON v. GENERAL MOTORS CORPORATION

December 3, 1975

LEMSON
v.
GENERAL MOTORS CORPORATION



Appeal from Allegan, George R. Corsiglia, J.

Leave to appeal denied, 396 Mich 851.

Danhof, P. J., and McGregor and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Limitation of Actions -- Fraudulent Concealment -- Knowledge -- Statutes.

Fraudulent concealment is the affirmative and fraudulent employment of artifice planned to prevent inquiry or escape investigation, and mislead or hinder acquirement of information disclosing a right of action; if a party knows that a cause of action exists in his favor, there can be no fraudulent concealment which will postpone the operation of the statute of limitations (MCLA 600.5805[7], 600.5855; MSA 27A.5805[7], 27A.5855).

2. Limitation of Actions -- Fraudulent Concealment -- Pleading -- Statutes.

The statute which provides a special limitations period for claims wherein there has been fraudulent concealment is not applicable in a case where the plaintiff failed to plead any facts showing a fraudulent concealment of the existence of the claim by the defendants and where the pleadings themselves indicate that the plaintiff was aware that he had a cause of action (MCLA 600.5855; MSA 27A.5855).

The opinion of the court was delivered by: Danhof

Complaint by Steven Lemson against General Motors Corporation, Edward N. Cole, and Frank J. Winchell for damages for injuries resulting from an automobile accident. Accelerated judgment for defendants. Plaintiff appeals.

The complaint in this matter was filed by the plaintiff on August 20, 1974 for injuries arising out of a single-car accident which occurred on August 28, 1967. The trial court granted the defendants' motion for accelerated judgment in an opinion filed January 24, 1975. We affirm.

The plaintiff was born August 25, 1952. He was 15 years old at the time of the accident.

The plaintiff alleged he was injured while he was a passenger in a 1962 Chevrolet Corvair. Count four of his complaint further alleged that the defendants knew the Corvair automobile had a tendency to roll over, but the defendants deliberately assured the public that there was adequate passenger protection. The plaintiff also alleged the following:

"9. Defendants, and each of them, have continued to make additional affirmative misrepresentations with respect to the stability, rollover and passenger protection characteristics of Corvair automobiles on various occasions subsequent to plaintiff's injury, and have deliberately concealed extensive data demonstrating the true facts.

"10. Said misrepresentations have and have had the effect of concealing from plaintiff material facts relative to defendants' joint and several liability for plaintiff's injuries and have made it ...


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