On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]
Tag: highway exception
Michigan Court of Appeals Rules “Substantial Compliance” With Statutory Notice Provision Sufficient to Give Governmental Entity Sufficient Notice of Defect Under “Highway Exception” to Governmental Immunity
Although the Court of Appeals does not use the term "substantial compliance" in this case, it rules that there was enough information in the plaintiff's communications to the City of Detroit to provide the city with proper notice of a defect in a sidewalk within the meaning of MCL 691.1404 (the notice provision concerning the [...]
Supreme Court Passes on Court of Appeals Ruling Holding “Substantial” or “Adequate” Compliance with Notice of a Road Defect was Sufficient to Withstand Government’s Immunity Motion
In a somewhat surprising move, the Michigan Supreme Court issued an order on May 1, 2012 allowing a Court of Appeals decision to stand in a case in which the latter court, in a 2-1 decision, ruled that notice of the location of a defect in a highway within the city of Lansing was sufficient. [...]
Amicus Curiae Brief filed for Oakland, Wayne and Macomb Counties in Michigan Supreme Court
I filed the attached brief amicus curiae on behalf of the three largest (by population) and contiguous counties in Michigan in the Supreme Court in support of the Department of Transportation's Application for Leave to appeal in the case of Yono v. Dep't of Transportation, 299 Mich. App. 102 (2012). Here is the brief: Yono v. Department of [...]