Tag Archives: highway defect

Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order … Continue reading

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Supreme Court to Consider Scope of Highway Defect Exception

In Yono v. MDOT, Supreme Court Case No. 146603, a case in which I submitted an amicus curiae brief for Macomb County Department of Roads, Oakland County Road Commission and Wayne County in support of the state’s application for leave to … Continue reading

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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 … Continue reading

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