Joanne ROWLAND, also known as Joan Rowland, Plaintiff-Appellee,
v.
WASHTENAW COUNTY ROAD COMMISSION, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued October 4, 2006.
Decided May 2, 2007.
Attorney(s) appearing for the Case
Thomas, Garvey, Garvey & Sciotti, P.C. (by James McKenna), St. Clair Shores, for the plaintiff.
Fordney, Prine & Coffey (by Andrew W. Prine, P.C.) and Smith Haughey Rice & Roegge (by Jon D. Vander Ploeg and William L. Henn), Saginaw, Grand Rapids, for the defendant.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, Lansing for amici curiae the state of Michigan.
Hicks, Mullett & Gregg, P.L.L.C. (by Liisa R. Speaker), Lansing, for amici curiae Michigan Trial Lawyers Association.
Plunkett & Cooney, P.C. (by Mary Massaron Ross), Detroit, for amici curiae Michigan Municipal League, Michigan Municipal League Liability & Property Pool, and Michigan Townships Association.
Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Marcelyn A. Stepanski), Farmington Hills, for amici curiae Michigan Municipal Risk Management Authority.
Supreme Court of Michigan.
TAYLOR, C.J.
The issue in this case is whether a notice provision applicable to the defective highway exception to governmental immunity, MCL 691.1404(1), should be enforced as written. This statute provides in pertinent part:
As a condition to any recovery for injuries sustained by reason of any defective highway, the injured person, within 120 days from the time the injury occurred, . . . shall serve a notice on the governmental agency of the occurrence...
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