Poffenbarger v. Kaplan

In Poffenbarger v. Kaplan, 224 Mich App 1, 11; 568 NW2d 131 (1997), the Court explained that a plaintiff is deemed to have discovered a cause of action when the plaintiff discovers, or through the exercise of reasonable diligence should have discovered, an injury and its possible cause. The test of whether the plaintiff discovered or should have discovered a cause of action is an objective test. The plaintiff need only be aware that she has a possible cause of action, not that she has likely cause of action. Once a plaintiff is aware of an injury and its possible cause, the plaintiff is equipped with the necessary knowledge to preserve and diligently pursue her claim. The law imposes on such a plaintiff "a duty to diligently pursue the resulting legal claim." Id.