McLean v. City of Dearborn

Defendant appeals by right the order of the trial court denying defendant’s motion for summary disposition. Defendant filed a motion for summary disposition pursuant to MCR 2.116(C)(7) and (10) on the grounds of governmental immunity. Because we find that the trial court erred by concluding that plaintiff had satisfied the notice requirements of MCL 691.1404(1), and the defect was not cured by subsequent communications to defendant’s third-party claims administrator, we reverse.

I. BASIC FACTS AND PROCEDURAL HISTORY

Plaintiff alleged that she tripped and fell while stepping off a sidewalk onto…