Opinion
Docket No. 8700.
Decided November 24, 1971.
Appeal from Wayne, Edward S. Piggins, J. Submitted Division 1 October 12, 1971, at Detroit. (Docket No. 8700.) Decided November 24, 1971.
Complaint by Mary Dreslinski against the City of Detroit for damages for personal injuries received in a fall on city property. Accelerated judgment for defendant. Plaintiff appeals. Reversed and remanded for further proceedings.
Ruby, Weinbaum Levenson (by Laurence Singal), for plaintiff.
Before: LEVIN, P.J., and R.B. BURNS and J.H. GILLIS, JJ.
Plaintiff appeals from the order of the trial judge granting an accelerated judgment on the ground that her notice of claim, although timely filed within the prescribed period, was not verified. MCLA § 691.1406 (Stat Ann 1969 Rev § 3.996[106]).
As a matter of judicial policy, courts favor a liberal construction of notice requirements and have not denied relief when the notice may be reasonably interpreted as in substantial compliance with the applicable statute. Swanson v. City of Marquette (1959), 357 Mich. 424; Jackson v. City of Detroit Board of Education (1969), 18 Mich. App. 73; Citizens Casualty Co. v. City of Detroit (1967), 8 Mich. App. 379; Kustasz v. City of Detroit (1970), 28 Mich. App. 312; Meredith v. City of Melvindale (1969), 381 Mich. 572.
Reversed and remanded for proceedings not inconsistent herewith. Costs to plaintiff.