Motorcyclist's road claim dismissed where his notice didn't "precisely" identify unsafe section of road
The Oakland County Road Commission succeeded in dismissing Charles Kurzer's injury claim that he suffered injury when potholes in the road caused him to lose control of his motorcycle. The Court of Appeals over-turned the lower court's refusal to dismiss the lawsuit. The appeals judges held that Kurzer's son's photographs taken after his injury were inadequate to prove an unsafe road, because Kurzer could not confirm which pothole caused him to lose control and could not prove that the Road Commission had notice of the unsafe condition. Even though Kurzer's son's pictures showed a road that was "in poor condition, over a period of time, making for a generally bumpy ride" this was not adequate proof that the road was "unsafe or inconvenient for public travel."