Brown v. Manistee County Road Commission

In this case, we granted leave to appeal to consider (1) whether the plaintiff’s action is governed by the sixty-day notice provision of MCL 224.21; MSA 9.121 or the 120-day notice provision of MCL 691.1404; MSA 3.996(104), (2) whether our rule in Hobbs v State Hwys Dep’t, 398 Mich 90; 247 NW2d 754 (1976), requiring a showing of prejudice, should be overruled, and (3) if we reaffirm Hobbs, whether there has been a showing of prejudice in the instant case. We hold that the 120-day notice provision applies in an action for personal injuries against a county road commission. Further, we reaffirm…