Rubin v. State, Department of Transportation

PARKER, Chief Judge.

Sheila M. Rubin appeals the trial court’s final order granting the Department of Transportation’s (DOT) motion to dismiss her complaint with prejudice for failure to serve the complaint upon the Department of Insurance within 120 days. We reverse.

Rubin alleged that she sustained injuries when her vehicle struck a loose manhole cover in Pinellas County on August 3, 1992. On April 11, 1995, Rubin, pursuant to section 768.28(6)(a), Florida Statutes (1991), mailed a letter by certified mail, return receipt requested, to DOT and to the Department of Insurance, as a notice of…