New Republican Supreme Court majority enforces notice period despite lack of prejudice
In Jakupovic v. City of Hamtramck, the injured plaintiff mistakenly identified the area of sidewalk where she was hurt by the adjacent street address in the notice she filed 10 days after she fell. She then further clarified the circumstances by discussing her fall with the City's insurance investigator, who confirmed that the City had twice been notified of the sidewalk defect in the year prior to Jakupovic's fall. When negotiations were rebuffed by the City, Jakupovic filed suit within 120 days--the time during which she was required to give detailed notice of her injuries.The trial court and Court of Appeals both held that by various means within the 120 day period, Jakupovic had timely cured the defects in the notice she served 10 days after falling. The new Republican Supreme Court majority overturned the lower courts and dismissed Jakupovic's case: it held that her "amendments" within 120 days--although timely-- could not correct the original defects in her notice.