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MACK v. BROWARD COUNTY

Nos. 4D03-3594, 4D04-829.

900 So.2d 718 (2005)

Bernest MACK and Ruby Mack, Appellants, v. BROWARD COUNTY, a political subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 27, 2005.

Attorney(s) appearing for the Case

Geoffrey B. Marks of Billbrough & Marks, P.A., Miami, and Brett A. Weinberg, P.A., Coral Gables, for appellants.

Edward A. Dion, County Attorney for Broward County, James D. Rowlee, Assistant County Attorney, and Andrew J. Meyers, Chief Appellate Counsel, Fort Lauderdale, for appellee.

FARMER, C.J.

We reverse a summary judgment in favor of a County and against the plaintiffs involving a negligence action arising from a motor vehicle incident. In doing so, we reject the County's argument that plaintiffs failed to present the State Department of Insurance with the proper pre-suit notice within the three-year statutory period.

In April 1998 plaintiffs were injured when a roadway caved in and their...

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