Grubaugh v. City of St. Johns

The primary issue raised below and saved for appeal in this cause is whether the 60-day notice requirement of § 8 of chapter 22 of the general highway statute 1 is constitutionally infirm when applied to a plaintiff rendered mentally or physically incapacitated by the alleged tortious act of a state or municipal defendant giving rise to the asserted cause of action. This issue has been alluded to previously by this Court but never presented squarely for decision. (See Boike v. City of Flint [1965], 374 Mich 462, 464; Trbovich v. City of Detroit [1966], 378 Mich 79, 88, 99.)

On March 14, 1961,…