In Nuculovic v. Johnny Dean Hill and SMART Bus, Inc., 287 Mich App 58; 783 NW2d 124 (2010), the Court of Appeals interpreted MCL 124.419, the “60-day” notice provision barring claims against transportation authorities for a failure to provide written service of notice of a claim to the transportation authority within 60 days.
Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an appeal from a lower court judgment in SMART’s favor finding that the plaintiff had failed to provide written notice of a claim to SMART within the 60-days required by statutory law for tort claims filed against transportation authorities.
In a published opinion, the Court of Appeals affirmed, agreeing with Mr. Tucker’s arguments that in order for a claimant to successfully survive summary disposition in a suit for tort claims against SMART the claimant must service written notice of the particular claim upon SMART within the 60-day notice period. The Court of Appeals concluded that plaintiff’s failure to demonstrate that she had served written notice of her claim upon SMART precluded her right to bring suit for damages arising out of the alleged incident. This issue is the subject of continued debate, with at least 4 applications (including this case) for leave to appeal currently residing in the Michigan Supreme Court concerning the validity of the 60-day notice provision.
Court of Appeals Upholds Application of Statutory Notice Provision Barring Claim Against Governmental Entity | Nuculovic v SMART et al. | Carson Tucker – JDSupra.
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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