Jeffrey M. Short v. Michigan State Police

Summary

The Michigan Court of Appeals held that a disability-discrimination claim under the Michigan Persons with Disabilities Civil Rights Act constitutes a claim for personal injuries under MCL 600.6431(4). Because the plaintiff filed his notice of intent more than six months after the event giving rise to the claim, the court reversed the trial court’s denial of summary disposition and remanded for dismissal of the claim.

Holdings

1. A claim alleging employment discrimination on the basis of disability in violation of the PWDCRA is a claim for personal injuries because it alleges an invasion of a personal right.
2. Because Short filed his notice of intent approximately nine months after the event giving rise to his claim, his PWDCRA claim was barred by MCL 600.6431(4).

Questions Presented

1. Whether a claim alleging employment disability discrimination under the Michigan Persons with Disabilities Civil Rights Act is a claim for personal injuries under MCL 600.6431(4) of the Court of Claims Act.
2. Whether Short's notice of intent, filed approximately nine months after the event giving rise to his claim, satisfied the applicable Court of Claims Act notice period.

Disposition

reversed_and_remanded