This section contains the nature of the case and procedural background.

Kraus (P) sued the Board (D) for wrongful death from an auto accident in that D failed to keep the roads in reasonable repair. D defended the claim in that P failed to give written notice of the claim within 60 days of the accident as provided by Michigan statute. A motion for summary judgment by D was overruled in that the statute did not apply to a wrongful death action. The court certified the ruling for an immediate appeal under 1292 (b).

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