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WHARTON v. DISTRICT OF COLUMBIA

No. 94-CV-766.

666 A.2d 1227 (1995)

Patricia WHARTON, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided November 2, 1995.

Attorney(s) appearing for the Case

Robert L. Weinberg was on the brief for appellant.

Garland Pinkston, Jr., Acting Corporation Counsel at the time, and Charles L. Reischel, Deputy Corporation Counsel, and Phillip A. Lattimore III, Assistant Corporation Counsel, Washington, DC, were on the brief for appellee.

Before WAGNER, Chief Judge, and SCHWELB and FARRELL, Associate Judges.

SCHWELB, Associate Judge:

In this action by appellant Patricia Wharton against the District of Columbia for personal injuries, the trial judge dismissed the complaint on the ground that Ms. Wharton's pre-suit notice to the Mayor did not correctly disclose the "approximate time" of the injury, as required by D.C.Code § 12-309 (1995).1 The sole basis for the judge's decision was that Ms. Wharton's notice to the District incorrectly...

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