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STATE OF MICHIGAN
COURT OF APPEALS


OMAR SALEH, Plaintiff-Appellee, v MICHIGAN ASSIGNED CLAIMS FACILITY, Defendant-Appellant.

UNPUBLISHED June 19, 2008

No. 274634 Wayne Circuit Court LC No. 06-615614-NF

Before: Jansen, P.J., and O'Connell and Fort Hood, JJ. MEMORANDUM. Defendant Michigan Assigned Claims Facility (ACF) appeals by leave granted from the trial court's denial of summary disposition. Having thoroughly examined the issues upon which leave to appeal was granted, including the parties' briefs and oral arguments, we conclude that leave to appeal was improvidently granted and remand this case to the trial court for further proceedings. The issues as presented require this Court to determine whether the tolling provision in MCL 600.5851(1) is applicable to the statute of limitations provided in MCL 500.3174. However, no determination was made by the trial court as to whether any or all of plaintiff's damages are barred by the one-year-back rule in MCL 500.3145(1).1 See Cameron v Auto Club Ins Ass'n, 476 Mich 55, 63-64; 718 NW2d 784 (2006). Where a plaintiff's damages claims are prohibited by the one-year-back rule, "it is immaterial whether

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