VonDrasek v. City of St. Petersburg

777 So. 2d 989 (2000)

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VonDrasek v. City of St. Petersburg

Florida District Court of Appeal
777 So. 2d 989 (2000)

Facts

Neil VonDrasek (plaintiff) tripped and fell on a sidewalk in the City of St. Petersburg, Florida (defendant). Neil submitted a written personal-injury claim to the city, which was denied. Neil then filed a personal-injury lawsuit against the city. Neil’s wife, Linda VonDrasek (plaintiff), joined Neil’s lawsuit and filed a loss-of-consortium claim. Unlike Neil, Linda did not file her claim with the city before filing her claim in court. Neil’s prior written notice of claim was attached to the VonDraseks’ complaint as Exhibit A. The city filed an answer to the VonDraseks’ complaint, raising nine affirmative defenses. None of the affirmative defenses raised by the city challenged Linda’s compliance with statutory notice requirements. Instead, the city stated that it did not know whether Exhibit A satisfied the VonDraseks’ statutory notice requirements. The city also simultaneously served interrogatories on Linda regarding her loss-of-consortium claim, to which she timely responded. Nearly two years later, after the statutory claim notice period had expired, the city filed a motion to dismiss Linda’s loss-of-consortium claim for failure to provide adequate notice. The trial court dismissed Linda’s loss-of-consortium claim. Linda appealed.

Rule of Law

Issue

Holding and Reasoning (Altenbernd, J.)

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