ATKINS v. SMART.

Docket No. 140401.

822 N.W.2d 522 (2012)

492 Mich. 707

ATKINS v. SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION.

Supreme Court of Michigan.

Decided August 20, 2012.


Attorney(s) appearing for the Case

Reifman & Glass, P.C., Southfield (by Steven W. Reifman and Allen I. Glass ), for Vivian Atkins.

Zausmer, Kaufman, August, Caldwell & Tayler, P.C., Farmington Hills (by Mark J. Zausmer and Carson J. Tucker ), for the Suburban Mobility Authority for Regional Transportation.

Vandeveer Garzia, P.C., Troy (by Hal O. Carroll ), for amicus curiae Michigan Defense Trial Counsel, Inc.

Mellon Pries, P.C. (by James T. Mellon , Troy and David Kowalski ), for amicus curiae the Michigan Municipal Risk Management Authority.

Heather A. Glazer for amicus curiae the Michigan Association for Justice.


YOUNG, C.J.

Plaintiff was a passenger on a bus operated by the Suburban Mobility Authority for Regional Transportation (SMART) when the bus was involved in an accident. Plaintiff filed an application for no-fault benefits with SMART's insurer soon thereafter, but waited more than seven months to notify SMART that she might pursue liability in tort. SMART moved for partial summary disposition, arguing that the notice provision of the Metropolitan Transportation Authorities...

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