Michelle Renee Fairley v. Department of Corrections
497 Mich. 290
| Mich. | 2015Background
- Two consolidated cases: Fairley v. Dep’t of Corrections and Stone v. Michigan State Police, each involving vehicle accidents caused by state employees and resulting personal-injury suits in the Court of Claims.
- Both plaintiffs filed timely notices of intent under MCL 600.6431(1) describing the accidents and damages, but each notice failed to show the statutory verification required: Fairley’s notice was not signed by the claimant; Stone’s notice did not indicate verification before an officer authorized to administer oaths (a later affidavit from counsel-notary was untimely).
- Defendants (MDOC and MSP) moved for summary disposition asserting the notices were defective and thus governmental immunity barred suit; lower courts split on whether such notice defects are waivable affirmative defenses.
- The Court of Appeals had held that verification evidence need not appear on the face of the notice and that failure to meet MCL 600.6431(1) is an affirmative procedural defense that is waived if not pleaded.
- The Michigan Supreme Court granted review (in lieu of leave) and reversed the Court of Appeals in both cases, holding that failure to present a notice signed and verified as required is a complete defense in governmental-immunity cases and may be raised at any time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a notice that does not show it was signed and verified before an officer authorized to administer oaths satisfies MCL 600.6431(1) | Notices that omit on-face verification still suffice; statute does not require the oath/verification to appear on the face of the notice | The statute requires strict compliance: the notice must be signed and show verification before an authorized officer to abrogate governmental immunity | Held: The statute requires the notice to be signed and verified as stated; absence of on-face verification is a defective notice that defeats the claim |
| Whether a defendant’s failure to plead notice-defect as an affirmative defense waives the defect | Fairley/Stone: Defect is procedural and thus an affirmative defense that can be waived if not pleaded | MDOC/MSP: Because governmental immunity is a baseline characteristic, plaintiffs bear the burden to meet conditions precedent; notice defect is a complete defense and need not be pleaded | Held: Notice-defect is not a waivable affirmative defense in governmental-immunity context; defendants may raise it at any time |
| Whether a belated affidavit from counsel (who is a notary) cures an on-face lack of verification | Stone: After-the-fact affidavit showing counsel was a notary cures the defect | MSP: Evidence of verification must appear with or on the notice; untimely extra-record affidavits cannot cure an unverified notice | Held: Untimely affidavit did not cure the deficiency; the notice failed the statutory condition precedent |
| Effect of failure to comply with MCL 600.6431(1) when asserting an exception to governmental immunity | Plaintiffs: Substantial compliance or actual prejudice should suffice | Defendants: Strict statutory compliance is required to trigger an exception to governmental immunity | Held: Strict compliance required; failure to satisfy the statutory condition precedent preserves governmental immunity |
Key Cases Cited
- Mack v. Detroit, 467 Mich. 186 (governmental immunity is a characteristic of government; plaintiff bears burden to show an exception)
- McCahan v. Brennan, 492 Mich. 730 (statutory notice requirements are conditions precedent that cannot be excused by saving constructions)
- Spectrum Health Hosp. v. Farm Bureau Mut. Ins. Co. of Mich., 492 Mich. 503 (statutory interpretation principles; review de novo)
- Rowland v. Washtenaw County Road Comm’n, 477 Mich. 197 (legislature may condition suits against government on compliance with notice requirements and rational limits)
- Sun Valley Foods Co. v. Ward, 460 Mich. 230 (statutory interpretation; when language is clear no further construction)
- Costa v. Community Emergency Med. Servs., Inc., 475 Mich. 403 (distinguishing medical-malpractice notice precedent from governmental-immunity notice requirements)