Motor State Insurance v. Benton

I cannot join my colleagues.

Recently, I signed an opinion, Reynolds v. Board of County Road Commissioners of Clare County (1971), 34 Mich App 460, the total thrust of which was that “notice” statutes require not only proof of noncompliance, but also proof of prejudice by reason of such noncompliance.

I did so because the majority opinions of this Court, undisturbed by the Supreme Court, and indeed those of the Supreme Court itself, seem to reflect this view.

If I was right in so doing, whatever my personal judicial view, then in this case I must dissent.

The stipulation of facts herein recites:

“…