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Second District Court of Appeal reverses trial court's dismissal of plaintiff's complaint against City of Tampa for alleged failure to comply with sovereign entity pre-suit notice requirement

On February 1, 2017, in Wilson v. City of Tampa, No, 2D15-3953, the 2nd DCA reversed a trial court's dismissal of the plaintiff's negligence complaint against City of Tampa because of the plaintiff's alleged failure to comply with the sovereign entity pre-suit notice requirement codified at Fla. Stat. 768.28. The defendant had successfully argued before the trial court that the plaintiff's pre-suit notice to the City of Tampa was defective because the plaintiff had provided her home address but had failed to designate the exact street address, adjacent to her home, where the accident occurred. In reversing the ruling, the 2nd DCA cited a previous 3rd DCA case, Otero v. City of Hialeah, 731 So. 2d 116,117 (Fla. 3d DCA 1999), which had found a pre-suit notice sufficient where it provided a general street address for the defendant that was not the precise street address where the incident occurred. More generally, the Court quoted Magee v. The City of Jacksonville, 87 So. 2d 589, 592 (Fla. 1956) for the proposition that "the imposition of requirements for minute detail" are not required by the statute.

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