Mullas v. Secretary of State

I dissent. MCLA § 257.1118 (Stat Ann 1970 Cum Supp § 9.2818) requires service of notice of intent to claim against the fund on the secretary of state within six months of the date that the cause of action accrues. The majority opinion accurately states, “Plaintiff admits that no claim was made against the Fund until about seven months and eight days following the accident.”

This case is not one of substantial compliance (see Stacey v. Sankovich [1969], 19 Mich App 688); it is a case of noncompliance. Substantial compliance I can accept (see Curtis v. Biermacher [1971], *69930 Mich App 503, decided…