Reynolds v. Clare County Road Commission

Michigan Court of Appeals

Reynolds v. Clare County Road Commission

191 N.W.2d 503, 34 Mich. App. 460, 1971 Mich. App. LEXIS 1631

CourtMichigan Court of Appeals

DecidedJune 23, 1971

DocketDocket No. 10044

StatusPublished

Cited by3 cases

This text of 191 N.W.2d 503 (Reynolds v. Clare County Road Commission) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reynolds v. Clare County Road Commission, 191 N.W.2d 503, 34 Mich. App. 460, 1971 Mich. App. LEXIS 1631 (Mich. Ct. App. 1971).

Pincite

Opinion

Danhof, J.

Plaintiff was injured in an accident on September 23, 1967, allegedly caused by a defective highway. The highway was within defendants jurisdiction, and on October 5, 1967, plaintiff filed a notice of his injuries and intent to hold defendant liable. The notice was within the form required by the statute in force at that time, MCLA § 691.1404 (Stat Ann 1969 Rev 3.996[104]), in all respects save one. It was not verified.

On January 20, 1969, the plaintiff commenced this action. Defendant moved for accelerated judgment on the grounds that the notice had not been verified. The trial court granted the motion and the plaintiff has appealed.

This case is controlled by Kustasz v. City of Detroit (1970), 28 Mich App 312. In Kustazs it was held that when the only defect in the notice is the lack of verification the statute has been substantially complied with and accelerated judgment is improper.

Reversed and remanded for further proceedings consistent with this opinion.

All concurred.

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