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Court's Making it Difficult for Plaintiff's to Win Lawsuits
November 30th, 2010 at 11:41 am   starstarstarstarstar      

Over the last several years, the higher courts in Michigan have whittled away, making it harder for plaintiffs to sue for many kinds of claims which were once areas people or the public were protected.  For example, the present law extremely limits the ability for an individual to sue a municipality, the County Road commission and the state of Michigan for any type of road defect.
This recent case (which can be read at the link below) shows that, in this attorney's opinion, the plaintiffs are held to a very high standard and some judges will use any excuse to throw the plaintiff's case out of court. Here the notice was required to be sent to the government agency. In the notice the area and alleged defect must be clearly stated. In reading the notice, it appears that the plant's attorney stated the pavement on the exit ramp at exit number such and such was defective for the eastbound traffic.  This is yet another reason to make sure your personal injury attorney is well-versed, well experienced and has handled many cases involving Michigan Road defects.
http://milawyersweekly.com/news/2010/11/24/governmental-immunity-highway-exception-inadequate-notice-of-alleged-defect/
 

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