5 years after collision, Michigan Supreme Court throws out lawsuit by bicyclist hit by bus

Court dismisses lawsuit because victim failed to file written claim within 60 days

Published On: Dec 17 2012 06:26:52 AM EST
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DETROIT -

A man who was struck by a Detroit-area bus while riding a bicycle won't get his day in court after the Michigan Supreme Court threw out his lawsuit.

There seems to be no dispute that a SMART bus hit Mark Smith while he was riding a bike in Dearborn in 2007. He says he suffered bruises, abrasions and severe neck pain.

The bus agency was aware of Smith's injuries because he was interviewed twice by an insurance representative. But the Supreme Court says that's enough. The court dismissed the lawsuit last week because Smith failed to file a written claim within 60 days.

The state appeals court had ruled in favor of Smith in 2010, saying he had substantially complied with the notice requirement.

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