Suit against City of Flint is dismissed because notice was served on Risk Department, not mayor, clerk or city attorney
Tejuane Carroll sued the City of Flint after a fall on a snow-covered pothole. He argued that the pothole rendered the section of road where he fell unsafe, but his statutorily-required Notice of Suit was served on the Risk Department of the City, and not on the City Attorney, the mayor or the city clerk as provided for by statute. The City didn't argue that it suffered prejudice or that it was unaware of the claim, but the lawsuit was dismissed on its motion.
Michigan Courts have taken the position in the last decade or so that "substantial compliance" with notice requirements is not adequate and that the municipality or governmental entity entitled to notice need not prove any prejudice resulting from a techical defect in notice.