Toop v. Metropolitan Dade County

CARROLL, Judge.

The summary judgment for defendants is reversed. There was a triable issue to be submitted for jury determination as to whether the plaintiff was incapacitated so as to excuse giving notice of tort claim to the county within 60 days as required by ordinance, and, if so, whether the notice was given within a reasonable time after such incapacity ended.1 The trial judge appears to have determined plaintiff did not come within the exception approved in the Alexander case2 because he was not unconscious throughout the notice period. An affidavit of a doctor stated that the…