Aitcheson v. Florida Department of Highway Safety & Motor Vehicles
117 So. 3d 854
| Fla. Dist. Ct. App. | 2013Background
- Aitcheson sues the Florida Department of Highway Safety and Motor Vehicles for a slip and fall on March 21, 2007 at a Pembroke Pines DMV location.
- Complaint invokes section 768.28 and asserts compliance with all conditions precedent; attaches certified mail receipts and notice letters.
- Notice letters to the FDHSMV and DFS reference an automobile accident; complaint alleges a slip and fall; birth date field lists 03/21/07 as the accident date.
- Letters dated July 23, 2007 and July 30, 2007; complaint filed February 17, 2011; FDHSMV moves to dismiss for failure to satisfy notice.
- Trial court grants dismissal with prejudice on January 23, 2012; appellate de novo review considers exhibits within the complaint.
- Court reverses, holding the notice satisfied the statutory requirements; remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the complaint and attached materials satisfy 768.28(6)(a)? | Aitcheson complied and provided notice sufficient to inform the agency. | Notice was deficient under strict compliance requirements. | Yes; notice satisfied 768.28(6)(a). |
| Was notice properly addressed to the appropriate agency rather than the agency head? | Notice to the appropriate agency suffices; head notice not required. | Service should be to the agency head to be valid. | Notice to the appropriate agency was sufficient. |
| Does incorrect date of birth in the notice defeat compliance where pre-trial conditions occurred? | DOB error does not defeat notice since not required at that stage. | DOB accuracy is required to satisfy notice prerequisites. | Not fatal; DOB requirement not applicable before settlement, discovery, or trial. |
Key Cases Cited
- Franklin v. Palm Beach Cnty., 534 So.2d 828 (Fla. 4th DCA 1988) (notice must be sufficiently direct and specific to place agency on notice)
- LaRiviere v. S. Broward Hosp. Dist., 889 So.2d 972 (Fla. 4th DCA 2004) (notice must reasonably put department on notice of existence of claim and demand)
- Cunningham v. Florida Dept, of Children and Families, 782 So.2d 913 (Fla. 1st DCA 2001) (purpose of notice is to provide state time to investigate and respond)