Appel v. Department of State Highways

This is an appeal from the Court of Appeals order remanding this case to the Court of Claims. We affirm.

On April 15, 1973, plaintiffs were involved in an accident on 1-696. On November 19, 1973 their attorney sent a letter to the State Highway Department informing it of the accident.

On June 3, 1974, complaint was filed in the Court of Claims alleging that defendant had breached its "duty * * * to keep and maintain its highways in a reasonably safe condition”.

Defendant filed a "motion for summary and/or accelerated judgment” alleging that the action was barred because the complaint was not…