Nuculovic v. Johnny Dean Hill and SMART Bus, Inc.
N/AOUTCOME: The Court of Appeals affirmed judgment.
Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an appeal from a lower court judgment in SMART’s favor finding that ... the plaintiff had failed to provide written notice of a claim to SMART within the 60-day notice provision required by statutory law for tort claims filed against transportation authorities. In a published opinion, the Court of Appeals affirmed, agreeing with Mr. Tucker’s arguments that in order for a claimant to successfully survive summary disposition in a suit for tort claims against SMART the claimant must service written notice of the particular claim upon SMART within the 60-day notice period. The Court of Appeals concluded that plaintiff’s failure to demonstrate that she had served written notice of her claim upon SMART precluded her right to bring suit for damages arising out of the alleged incident.
