Navarra v. Board of Regents of University of Michigan, 56078

Decision Date10 January 1975
Docket NumberNo. 56078,56078
Citation393 Mich. 773,224 N.W.2d 833
PartiesJoseph NAVARRA, Plaintiff-Appellant, v. The BOARD OF REGENTS OF the UNIVERSITY OF MICHIGAN, Defendant-Appellee. 393 Mich. 773, 224 N.W.2d 833
CourtMichigan Supreme Court

On order of the Court, the delayed application for leave to appeal is considered, and the same hereby is GRANTED. The Court, sua sponte, under GCR 1963, 865.1(7), hereby reverses the opinion of the Court of Appeals, 53 Mich.App. 468, 220 N.W.2d 194 and remands the case to the trial court for reconsideration in light of Carver v. McKernan, 390 Mich. 96, 211 N.W.2d 24, (1973) where we held that "only upon a showing of prejudice by failure to give such notice, may a claim against the [governmental authority] be dismissed."

COLEMAN, J., dissenting.

To continue reading

Request your trial
7 cases
  • People v. Duncan
    • United States
    • Supreme Court of Michigan
    • January 1, 1976
    ...by the Court of Appeals. 55 Mich.App. 403, 222 N.W.2d 261 (1974). We granted leave to appeal by order filed December 23, 1974. 393 Mich. 773 (1974). The defendants are charged with offering to return to Irving Broadnax, upon payment to them of $800, certain property held in the Inkster Poli......
  • People v. Chartrand
    • United States
    • Court of Appeal of Michigan (US)
    • March 1, 1977
    ...unobjected-to testimony deprived defendant of a fair trial. People v. Duncan, 55 Mich.App. 403, 222 N.W.2d 261 (1974); lv. granted, 393 Mich. 773 (1974). No such showing is present here. AFFIRMED. 1 U.S.Const., Am. IV.2 U.S.Const., Am. XIV.3 The Supreme Court noted in Spinelli that several ......
  • Hanger v. State
    • United States
    • Court of Appeal of Michigan (US)
    • September 24, 1975
    ...Carver signals a retreat from the Reich One rationale, and the recent Supreme Court decision in Navarra v. Board of Regents of the University of Michigan, 393 Mich. 773, 224 N.W.2d 833 (1974), 7 reveals that the Carver rule requiring the governmental agency to show prejudice before a claim ......
  • Konyha v. Mount Clemens Civil Service Commission of City of Mount Clemens
    • United States
    • Supreme Court of Michigan
    • January 21, 1975
    ......CLEMENS, State of Michigan, Defendant-Appellee. No. 10. 393 Mich. 422, 224 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT