Hines v. New Castle County

WALSH, Justice:

In this appeal from the Superior Court, we are asked to decide whether actual notice of a potential tort claim satisfies a county ordinance requiring that a plaintiff give written notice of such claim within one year of the date of the injury. The Superior Court ruled that the literal requirements of the ordinance were unambiguous and not subject to substantial compliance. We hold that where the county had actual notice of the incident and was not prejudiced by the failure to receive formal written notice of the potential tort claim, there has been “substantial compliance” with…