Trial lawyers specializing in personal injury and civil litigation
Action against State Police dismissed because of faulty notice
Nancy Zelek was hurt in a car wreck caused by a State Trooper, Garth Burnside. She did not file a notice with the Court of Claims in the first six months, advising the State of Michigan that she intended to pursue a claim. Therefore, her injury suit was dismissed. Although the State did not claim that it was unaware of Zelek's injuries or claims, or that it suffered any prejudice by the lack of a Court of Claims' notice, the Court held that her claim must be permanently dismissed. It pointed out that the Republican majority on Michigan's Supreme Court changed the interpretation of the statutory notice rule to require exact compliance with every statutory term, regardless of prejudice or substantial compliance.