|Case Forum:||Michigan Supreme Court|
|Keywords:||highway, Government Tort Liability Act (GTLA)|
Mary Massaron Ross (P43885) | Plunkett & Cooney, PC. | 535 Griswold, Suite 2400 | Detroit, MI 48226 | 313-983-4801
1. Michigan Municipal League Liability & Property Pool (Pool)
Rowland, argued the road commission is not immune from liability based on the defective highway exception MCL 691.1402. Defendant argued failure to serve notice within 120 days, as provided by MCL 691.1404. The trial court relied on the Michigan Supreme Court’s decision of Hobbs v Dep’t of State
The Michigan Supreme Court held that the statute should be enforced as written since the statute is straightforward, clear and unambiguous. The court held that the road commission is entitled to summary disposition since the plaintiff failed to comply with the statute.
|MSC requested LDF amicus brief?||No|
On February 6, 2001, Joanne Rowland was injured while