Court: Michigan Supreme Court
Opinion Date: June 9, 2021
Areas of Law: Civil Procedure, Government & Administrative Law, Personal Injury
In 2016, plaintiff Jennifer Buhl and her husband went to a party store in Oak Park, Michigan. As she was walking, the plaintiff saw a raised crack in the sidewalk outside the store and tried to step over it. Because the plaintiff did not notice that the sidewalk was uneven on the other side of the crack, she fell and fractured her left ankle. The specific question this case raised for the Michigan Supreme Court’s review was whether an amendment to the governmental tort liability act (GTLA) that went into effect after the plaintiff’s claim accrued but before the plaintiff filed her complaint could be retroactively applied. The Supreme Court held that the amended provision did not apply retroactively. Accordingly, the Court of Appeals’ judgment was reversed and the matter remanded for further proceedings.
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