Wheelchair user's Notice of Injury to City of Ann Arbor is inadequate; case dismissed
Verna Spayth sued the City of Ann Arbor, after she was dumped from her electric wheelchair while negotiating a ramp at the intersection of State and Packard. Her attorneys served the City with a notice of injury within the 120 day deadline, and also filed a lawsuit within the deadline. Neither document, however, identified which of the sidewalk ramps was allegedly unsafe, and neither addressed the obligatory disclosure of witnesses to the incident. On this basis, the Court of Appeals dismissed Spayth's claim. Under a ruling of the Engler Majority of the Michigan Supreme Court, an injury victim must strictly comply with the statutory notice requirements. "Substantial compliance" is not adequate; and the municipality owes no duty to conduct its own investigation.