While travelers are not compelled to abandon the use of a street or highway because of general knowledge that it is under repair, St. Louis, I.M. S. Ry. Co. v. Wells (1912), 102 Ark. 257, 143 S.W. 1069, those who possess such knowledge are required to exercise that degree of care which a prudent man would exercise in view of the danger. Cloutier v. City of Owosso (1955), 343 Mich. 238, 72 N.W.2d 46, 62 A.L.R.2d 389. Plaintiffs were aware that construction was incomplete or in progress along Central Avenue.
Good faith attempts to remedy an obvious harm to the plaintiffs should not be made to fail on technicalities, Lund v. Starz (1959), 355 Mich. 497, or even on mistakes of counsel where they can be remedied without hardship to the other parties concerned. Cloutier v. City of Owosso (1955), 343 Mich. 238, 246. Dismissal of the plaintiffs' suit here forever bars his right to recover or to bring a new suit against these defendants. Its effect is to say that "because you missed the element of reliance, you are out of court."
In examining the facts as offered by plaintiff, we must regard them in the light most favorable to the plaintiff and accept those proven as true. See Ingram v. Henry (1964), 373 Mich. 453; Cloutier v. City of Owosso (1955), 343 Mich. 238. The collision with defendant Scupholm's car occurred at the intersection of John R and Dallas, Madison Heights, Michigan. This intersection is 4 blocks south of the intersection of John R and 10-1/2 Mile road where there is a blinking yellow caution light for John R. The speed limit in the area is 35 miles per hour.