Summary
The Michigan Supreme Court granted reconsideration, vacated its prior order, and denied leave to appeal in a slip-and-fall case involving the public-building exception to governmental immunity. The dissenting opinions argued that the plaintiff failed to satisfy the 120-day written notice requirement under MCL 691.1406 and criticized the Court of Appeals' treatment of an internal incident report as statutory notice.
Holdings
- The Court granted the motion for reconsideration and vacated its December 19, 2008 order.
- The application for leave to appeal the Michigan Court of Appeals judgment was denied because the Court was not persuaded that the questions presented should be reviewed.
Questions Presented
- Whether the Michigan Supreme Court should grant reconsideration of its prior order.
- Whether the application for leave to appeal from the Michigan Court of Appeals judgment should be granted.
Disposition
other
Cases Cited (23)
- Rowland v. Washtenaw Co. Rd. Comm., 477 Mich. 197, 731 N.W.2d 41 (2007)(discussed in dissent)
- Brown v. Manistee Co. Rd. Comm., 452 Mich. 354, 550 N.W.2d 215 (1996)(discussed in dissent)
- Hobbs v. Dep't of State Hwys., 398 Mich. 90, 247 N.W.2d 754 (1976)(discussed in dissent)
- Lisee v. Secretary of State, 388 Mich. 32, 199 N.W.2d 188 (1972)(discussed in dissent)
- Howell v. Lazaruk, 388 Mich. 32, 199 N.W.2d 188 (1972)(discussed in dissent)
- Odom v. Wayne Co., 482 Mich. 459, 760 N.W.2d 217 (2008)(discussed in dissent)
- Grubaugh v. City of St. Johns, 384 Mich. 165, 180 N.W.2d 778 (1970)(discussed in dissent)
- Reich v. State Hwy. Dep't, 386 Mich. 617, 194 N.W.2d 700 (1972)(discussed in dissent)
- Carver v. McKernan, 390 Mich. 96, 211 N.W.2d 24 (1973)(discussed in dissent)
- Ridgeway v. Escanaba, 154 Mich. 68, 117 N.W. 550 (1908)(discussed in dissent)
Showing top 10 of 23.
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