Jordan M. Anderson and Lindsay C. Hall, individually, and Ross C. Evans, as personal representative of the estate of Audi J. Anderson v. School Board of Escambia County

Summary

The Florida First District Court of Appeal affirmed summary judgment for the School Board of Escambia County in a wrongful-death and negligence action arising from the death of a special-needs student who choked at school. The court held that section 768.28(6), Florida Statutes, required pre-suit notice to the School Board as the appropriate agency, in addition to notice to the Department of Financial Services. Communications concerning records, video footage, and potential litigation did not satisfy the statutory notice requirement, and the formal notice sent after suit was filed was untimely.

Holdings

1. Section 768.28(6), Florida Statutes, requires a claimant asserting a wrongful-death claim against a state agency or subdivision to present the claim in writing to the appropriate agency before filing suit, in addition to any notice required to the Department of Financial Services.
2. The appellants' pre-suit communications with the School Board did not satisfy section 768.28(6)'s written-notice condition precedent because they did not present a claim, demand compensation, or provide the School Board a formal opportunity to investigate and respond.
3. Summary judgment was properly entered for the School Board because the wrongful-death claim failed for lack of the required pre-suit notice, and the final judgment was affirmed.

Questions Presented

1. Whether section 768.28(6), Florida Statutes, required the appellants to provide pre-suit written notice of their wrongful-death claim to the School Board as the appropriate agency.
2. Whether the pre-suit communications among the appellants' attorneys and the School Board satisfied section 768.28(6)'s written-notice condition precedent.
3. Whether the trial court properly granted summary judgment under Florida Rule of Civil Procedure 1.510.

Disposition

affirmed