Transportation authority entitled to dismissal of claim, despite actual notice
William Pollard suffered a broken hip on a Suburban Mobility Authority bus in Wayne County. The bus driver was forced to call an ambulance to take Pollard to the hospital, and later the Authority mailed him an application for no fault benefits. Pollard never returned the application, but he did file suit three months later, alleging serious injury resulting from the driver's negligence. The Authority sought dismissal of the claim, based on Pollard's failure to provide the Authority with written notice of his injury within 60 days. The trial court pointed to the Authority's actual knowledge of the injury and refused to dismiss the claim. The Court of Appeals ruled that even though the Authority suffered no prejudice by the failure to mail a written notice, the case must be dismissed for failure to comply with the statute that requires notice.