Estate of Pearce v. Eaton Cty. Road Comm'n. (Opinion - Leave Granted)
Annotate this CaseIn consolidated cases, the issue presented for the Michigan Supreme Court’s consideration was whether the Court of Appeals correctly decided Streng v Bd of Mackinac Co Rd Comm’rs, 890 NW2d 680 (2016), and, if so, whether it should apply retroactively to all cases pending on appeal. the estate of Brendon Pearce filed a negligence action in the Eaton Circuit Court against the Eaton County Road Commission and others, arguing, in part, that the commission breached its duty under MCL 691.1402 of the governmental tort liability act (GTLA), MCL 691.1401 et seq., to maintain the road on which the accident occurred. In one of the cases, Lynn Pearce, acting as the personal representative of Brendon’s estate, served notice on the commission fewer than 60 days after Brendon was killed in the accident. The commission moved for summary judgment, arguing the notice was deficient under MCL 224.21(3) of the County Road Law, MCL 224.1 et seq., because the estate did not serve the notice on the county clerk. The trial court denied the motion. The commission appealed, and the estate moved to affirm the trial court’s written opinion, arguing that the notice was sufficient. The Court of Appeals granted the estate’s motion to affirm in an unpublished order. The Supreme Court denied leave to appeal. In the interim, the Court of Appeals issued Streng. The commission returned to the trial court and moved for summary judgment, arguing that the estate’s notice was insufficient under MCL 224.21(3). The parties disputed whether Streng applied retroactively and whether MCL 224.21(3), as applied in Streng, or MCL 691.1404(1) governed the estate’s notice. The Michigan Supreme Court found the Streng panel erred by failing to follow Brown. It therefore overruled Streng, vacated the decisions of the Court of Appeals, and remanded these cases to the respective circuit courts for further proceedings.
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