opportunity to investigate claim (Michigan) · Go Syfert
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opportunity to investigate claim in Michigan

17 Michigan opinions name it 1 courts 1975–2026 3 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Catherine Milot v. Department of Transportationgreen
michctapp · 2016 · cited in 1 Michigan opinions naming this issue, 2026–2026
2 sentences

2026“If the plaintiff does not include the name of a known witness in the notice, the plaintiff’s notice is defective, and the trial court should grant summary disposition in favor of the governmental agency.” Id. (citation omitted).

2026The purpose of the notice required under the statute is “to provide the governmental agency with the opportunity to investigate the claim while the evidentiary trial is still fresh and, additionally, to remedy the defect before other persons are injured.” Milot, 318 Mich App at 277 (quotation marks and citation omitted).

11
Brown v. Jojo-Ab, Incgreen
michctapp · 1991 · cited in 1 Michigan opinions naming this issue, 1996–1996
1 sentence

1996See Brown, supra at 213 (Murphy, J., dissenting).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Plunkett v. Department of Transportation green
michctapp · 2009
2 sentences

2026The notice requirement serves two basic purposes: “(1) to provide the governmental agency with an opportunity to investigate the claim while it is still fresh and (2) to remedy the defect before other persons are injured.” Id. at 176-177 .

2020All agree that the purpose of this 120-day notice requirement is two-fold, namely, it “provide[s] the governmental agency with an opportunity to investigate the claim while it is still fresh,” and it allows the governmental agency the opportunity “to remedy the defect before other persons are injured.” Plunkett v Dep’t of Transp, 286 Mich App 168, 176 ; 779 NW2d 263 (2009).

52013–2026
Hussey v. City of Muskegon Heights green
michctapp · 1971
2 sentences

2023The purpose of the notice requirement is “to provide the governmental agency with an opportunity to investigate the claim while the evidentiary [trail] is still fresh and, additionally, to remedy the defect before other persons are injured.” Burise v City of Pontiac, 282 Mich App 646, 652 ; 766 NW2d 311 (2009), (alteration in original); quoting Hussey v City of Muskegon Hts, 36 Mich App 264, 267-268 ; 193 NW2d 421 (1971).

2023The purpose of the notice requirement is “to provide the governmental agency with an opportunity to investigate the claim while the evidentiary [trail] is still fresh and, additionally, to remedy the defect before other persons are injured.” Burise v City of Pontiac, 282 Mich App 646, 652 ; 766 NW2d 311 (2009), (alteration in original); quoting Hussey v City of Muskegon Hts, 36 Mich App 264, 267-268 ; 193 NW2d 421 (1971).

51975–2023
Burise v. City of Pontiac green
michctapp · 2009
2 sentences

2023The purpose of the notice requirement is “to provide the governmental agency with an opportunity to investigate the claim while the evidentiary [trail] is still fresh and, additionally, to remedy the defect before other persons are injured.” Burise v City of Pontiac, 282 Mich App 646, 652 ; 766 NW2d 311 (2009), (alteration in original); quoting Hussey v City of Muskegon Hts, 36 Mich App 264, 267-268 ; 193 NW2d 421 (1971).

2023The purpose of the notice requirement is “to provide the governmental agency with an opportunity to investigate the claim while the evidentiary [trail] is still fresh and, additionally, to remedy the defect before other persons are injured.” Burise v City of Pontiac, 282 Mich App 646, 652 ; 766 NW2d 311 (2009), (alteration in original); quoting Hussey v City of Muskegon Hts, 36 Mich App 264, 267-268 ; 193 NW2d 421 (1971).

52016–2023
McLean v. City of Dearborn green
michctapp · 2013
2 sentences

2019“Although under some circumstances this Court will conclude that a notice is sufficient despite a technical defect, the plaintiff must at least ‘adequately’ provide the required information.” McLean v City of Dearborn, 302 Mich App 68, 75 ; 836 NW2d 916 (2013) (citation omitted).

2015“The purpose of requiring notice is to provide the governmental agency with an opportunity to investigate the claim while it is fresh and to remedy the defect before another person is injured.” Id. at 76 .

22015–2019

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1404 (14) MI § Mich. Comp. Laws § 691.1402 (13) MI § Mich. Comp. Laws § 691.1401 (8) MI § Mich. Comp. Laws § 691.1407 (7) MI § Mich. Comp. Laws § 600.6431 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 20 (1942–2025) MI 17 (1975–2026) GA 11 (1950–2023) IL 11 (1980–2023) AZ 11 (1985–2024) PA 7 (1994–2021) KS 7 (1967–2022) FL 6 (1964–1999) MS 6 (1996–2012) TX 5 (1998–2015) WI 4 (1981–2020) OH 3 (1998–2002) AL 3 (1976–2023) MD 2 (1992–1998) TN 2 (2016–2016) KY 2 (1978–1997) IA 2 (1945–1985) MA 2 (1995–1995) CA 2 (1998–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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