Disabled man's claim against MDOT dismissed because of late notice

TheCourt of Appeals this week affirmed the lower court's dismissal of an injury claim filed by Sherif Kodsy against the Michigan Department of Transportation.  Kodsy was badly hurt in a car wreck that occurred at the corner of Woodward and Eight Mile and  claimed that the collision was caused by a poorly designed bridge, malfunctioning traffic lights and inadequate view for motorists. 

The Court held that Kodsy's claim that he was disabled and recuperating in Indiana when the 120 day notice period expired was not adequate to excuse him from complying with the notice requirement--even if MDOT suffered no resulting prejudice.  The Court also held that dismissal was appropriate because none of the claimed defects related to the "traveled road-bed," and the Engler Majority re-defined the meaning of the statutory phrase "reasonably safe road" to exclude defects in signage, design or non-roadbed structures.