Betancourt v. City of Miami

Raul Betancourt, the plaintiff in a personal injury action brought against the City of Miami and other defendants appeals from an order of final summary judgment entered in favor of the City. We affirm.

Before a plaintiff files an action seeking compensatory damages against a municipality, he must first present a claim in writing within three years of that claim’s accrual. § 786.26(6)(a), Fla. Stat. (1991). In this case, Mr. Betancourt was injured on April 11, 1992; on January 26, 1996, his attorney sent the City of Miami a letter entitled “Notice of Claim.” Because the notice was not timely,…