Court upholds trial judge; refuses to dismiss defective sidewalk claim for alleged defective notice.
Chimeatia Curtis sued the City of Detroit after she fell and suffered a fractured foot as a result of an aging and unrepaired sidewalk defect. She sent her required written notice to the City within 120 days and identified the location as "Cass Avenue Overpass of I-75 Freeway, Detroit, MI 48211" as depicted in the enclosed 15 photographs. Apparently the Defendant argued that the notice inadequately described and located the defect because the notice referred to an intersection, when the photos enclosed pinpointed a location 58' down the street.
The Trial Judge rejected the argument that the location was inadequately described and the Court of Appeals agreed. The latter three judges agreed the location and hazard were clearly identified and that the purpose of the notice was fulfilled where it was undisputed that the City investigator was able to locate and investigate the hazard in response to the notice and enclosed photographs.