Court holds woman's affidavit is not adequate to dispute City receipt of notice of injury
The Court of Appeals most insurance-friendly panel, Judges Christopher Murray, Henry Saad and Kirsten Kelly, reversed the trial judge this week and summarily dismissed Jacqueline Harris's injury claim against the Clinton County Housing Commission. When Harris fell while attempting to walk through debris that she alleged the Housing Commission should have maintained, she was obligated to give notice of her claimed injury within 120 days. The Commission denied getting notice, but Harris and her daughter filed affidavits attesting that they did give notice. The trial judge denied summary disposition, holding that the affidavits created a question of fact and credibility to be decided by jurors.
The panel of special interest-activist judges overruled the lower court judge and granted summary disposition of the case. It held that the affidavits filed by Harris and her daughter were not adequate to contest the Commission's denial of notice.