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HORNER'S TRUCKING SERV., INC. v. HIGHWAY DEPT.

Docket No. 21022.

64 Mich. App. 513 (1975)

236 N.W.2d 122

HORNER'S TRUCKING SERVICE, INC. v. STATE HIGHWAY DEPARTMENT

Michigan Court of Appeals.

Decided September 23, 1975.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver, Schwartz, Tyler & Gordon, P.C. (by Donald J. Morbach), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Myron A. McMillan, Assistants Attorney General, for defendant.

Before: ALLEN, P.J., and D.F. WALSH and O'HARA, JJ.

Leave to appeal applied for.

ALLEN, P.J.

On November 17, 1971 a truck owned by plaintiff was involved in an accident with another motor vehicle on a state highway. Plaintiff filed written notice of the accident, allegedly due to a highway defect, with the Court of Claims on October 25, 1973. Plaintiff commenced suit against the State Highway Department on November 9, 1973, seeking recovery of property damage...

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