Legal Opinion · Concurrence

Fields v. Suburban Mobility Authority for Regional Transportation

Michigan Court of Appeals

Decided June 25, 2015No. Docket 318235Published

1ConcurrenceShapiro, J.

I concur in affirming the trial court’s ruling.

There are two questions at issue in this case. First, did plaintiff comply with the presuit notice requirements set forth in MCL 124.419? Second, if plaintiff did not comply, does the text of the statute mandate the sanction of dismissal?

I. WHAT CONSTITUTES ‘WRITTEN NOTICE OF ANY CLAIM BASED UPON INJURY TO PERSONS” UNDER MCL 124.419?

I agree with the majority that plaintiff has not complied with MCL 124.419 as interpreted by the Supreme Court in Atkins v Suburban Mobility Auth for Regional Transp, 492 Mich 707; 822 NW2d 522 (2012). In that case,…

2Cases cited15 opinions

  1. Robinson v. City of DetroitMichigan Supreme Court · 2000
  2. Smith v. Globe Life InsuranceMichigan Supreme Court · 1999
  3. McCORMICK v. CARRIERMichigan Supreme Court · 2010
  4. Taxpayers of Michigan Against Casinos v. StateMichigan Supreme Court · 2004
  5. Kreiner v. FischerMichigan Supreme Court · 2004

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