Michigan Supreme Court to Reconsider 60-Day Notice Provision as Applied to County Road Commissions and Other Governmental Entities
Tag: notice of intent to sue
Equitable Amendment of Complaint Allowed to Toll Statute of Limitations in Medical Malpractice Action Even Where Original Complaint Filed Prematurely Before Expiration of Mandatory Notice Period
The Court of Appeals has issued its conflict panel opinion in the case of Furr v. McLeod, M.D., et al. This is a case I previously wrote about in which the Court of Appeals convened a special conflict panel to determine whether the filing of an original complaint before the expiration of the mandatory notice period [...]
Court of Appeals Requests Conflict Panel to Resolve Issue of Whether Plaintiff’s Prematurely Filed Complaint Can Be Equitably Amended to Allow Notice Period to Toll Statute of Limitations in Medical Malpractice Action
Yesterday, the Michigan Court of Appeals issued an adversarial published opinion in the case of Furr v. McLeod, MD, et al, Court of Appeals Docket No. 310652. The panel ruled as it did only because prior Court of Appeals precedent required it to do so under Michigan Court Rule (MCR) 7.215(J). However, the panel requested impaneling a [...]
Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk
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 [...]
Court of Appeals Rules Medical Malpractice Suit Required to Allege Cause of Action for Improper Ambulation of Diabetic Patient Recovering from Knee Surgery As Within Realm of Professionalized Knowledge and Training
The Michigan Court of Appeals has ruled a plaintiff must pursue a cause of action sounding in medical malpractice against a hospital where plaintiff broke her leg when hospital staff were removing her to ambulate as part of her recovery from knee surgery. In Lukas v. William Beaumont Hospital (1), Plaintiff filed a lawsuit against the [...]