Morhaim v. State, Department of Transportation

Fannie Morhaim and her husband, Jose, appeal a final summary judgment which dismissed their personal injury action against the State of Florida, Department of Transportation (“DOT”) for their failure to provide adequate statutory notice of their claims to the Department of Insurance (“DOI”) prior to instituting suit pursuant to section 768.28(6)(a), Florida Statutes (1993). We affirm the summary judgment entered below as to Jose Mor-haim where the undisputed record evidence reveals that he never provided notice of his derivative claim to the DOT as required. However, we reverse the summary…