Reynolds v. Board of County Road Com'rs of Clare County, Docket No. 10044
| Decision Date | 23 June 1971 |
| Docket Number | No. 3,Docket No. 10044,3 |
| Citation | 34 Mich.App. 460,191 N.W.2d 503 |
| Parties | John REYNOLDS, Plaintiff-Appellant, v. BOARD OF COUNTY ROAD COMMISSIONERS OF CLARE COUNTY, Defendant-Appellee |
| Court | Court of Appeal of Michigan — District of US |
Jack L. Winter, Bicknell & Winter, Clare, for plaintiff-appellant.
Charles C. Collison, Saginaw, for defendant-appellee.
Before DANHOF, P.J., and BRONSON and O'HARA *, JJ.
Plaintiff was injured in an accident on September 23, 1967 allegedly caused by a defective highway. The highway was within defendant's 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. M.C.L.A. § 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, 184 N.W.2d 328. In Kustasz 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.
* MICHAEL D. O'HARA, former Supreme Court Justice, sitting on Court of Appeals by assignment pursuant to Const.1963, art. 6, § 23 as amended in 1968.
To continue reading
Request your trial
-
Hussey v. City of Muskegon Heights
...where the notice was specific as to the time, place, nature, and result of the accident. Similarly see Reynolds v. Clare County Road Commissioners (1971), 34 Mich.App. 460, 191 N.W.2d 503. We are satisfied that, as the law now stands, deficiencies in a notice of injury and defect are not of......
-
Motor State Ins. Co. v. Benton, Docket No. 10587
...O'HARA, Judge (dissenting). I cannot join my colleagues. Recently, I signed an opinion, Reynolds v. Board of County Road Commissioners of Clare County (1971), 34 Mich.App. 460, 191 N.W.2d 503, the total thrust of which was that 'notice' statutes require not only proof of noncompliance, but ......