[DOWNLOAD] "Vondrasek v. City of St. Petersburg" by Florida Court of Appeal # eBook PDF Kindle ePub Free
eBook details
- Title: Vondrasek v. City of St. Petersburg
- Author : Florida Court of Appeal
- Release Date : January 01, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appeal from the Circuit Court for Pinellas County; John C. Lenderman, Judge. Neil VonDrasek and his wife, Linda VonDrasek, appeal an order dismissing Mrs. VonDrasek's consortium claim. She filed her lawsuit as a claim in her husband's action for personal injuries against the City of St. Petersburg. The trial court dismissed Mrs. VonDrasek's action because the VonDraseks' presuit notice did not expressly reference the consortium claim. We reverse because the City did not specifically deny the VonDraseks' allegation that they had properly complied with all conditions precedent. Instead, the City delayed raising the deficiency in the notice until after the time for filing a presuit notice had expired. Additionally, the City received sufficient and timely notice of the consortium claim when it obtained written answers to consortium interrogatories from Mrs. VonDrasek during the pendency of her husband's lawsuit. These written answers provided notice and thus cured any defect that existed in the earlier presuit notice.