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Reynolds v. Clare Cty. Road Com

Michigan Court of Appeals
Jun 23, 1971
34 Mich. App. 460 (Mich. Ct. App. 1971)

Opinion

Docket No. 10044.

Decided June 23, 1971.

Appeal from Clare, Robert H. Campbell, J. Submitted Division 3 June 9, 1971, at Lansing. (Docket No. 10044.) Decided June 23, 1971.

Complaint by John Reynolds against the Clare County Road Commission for damages caused by a defective highway. Accelerated judgment for defendant. Plaintiff appeals. Reversed and remanded.

Bicknell Winter, for plaintiff.

Collison Fordney, for defendant.

Before: DANHOF, P.J., and BRONSON and O'HARA, JJ.

Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.


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, 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 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.

All concurred.


Summaries of

Reynolds v. Clare Cty. Road Com

Michigan Court of Appeals
Jun 23, 1971
34 Mich. App. 460 (Mich. Ct. App. 1971)
Case details for

Reynolds v. Clare Cty. Road Com

Case Details

Full title:REYNOLDS v. CLARE COUNTY ROAD COMMISSION

Court:Michigan Court of Appeals

Date published: Jun 23, 1971

Citations

34 Mich. App. 460 (Mich. Ct. App. 1971)
191 N.W.2d 503

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