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. […]