The Maine Supreme Judicial Court recently released its opinion in a case involving a personal injury lawsuit against a city. According to the facts outlined in the court’s opinion, the plaintiff was visiting the city hall when he tripped and fell down several steps. He ended up slamming into the concrete floor and then proceeded to crash into glass doors. City employees contacted emergency personnel, while other employees performed rudimentary first aid. The plaintiff alleged that one of the employees at the Clerk’s office asked him to sign some insurance paperwork in order to be transported to the hospital, but the city disputed this fact.
A few months after the fall, the plaintiff spoke with someone at City Hall and told them he had the intention to file a claim against the city. Approximately 197 days following the fall, the plaintiff’s attorney sent a letter of a claim against the city, and the plaintiff then went on to file the complaint with the superior court. The city moved for summary judgment and claimed that the plaintiff did not comply with the state’s Tort Claims Act because he did not submit a written notice within the 180-day timeline. The plaintiff argued that he substantially complied because the City knew he was injured on their property, and he verbally told them he would bring suit. Ultimately, the Supreme Court of Maine found that the plaintiff did not comply with the statute by providing verbal notice. Written notice was required.
The Importance of Complying with Negligence Statutes of Limitations in New Mexico
As the above case illuminates, it is extremely important that individuals comply with the various statutes of limitations that apply in New Mexico personal injury cases. No matter how strong a plaintiff’s case is, if those procedural requirements are not met, it is likely that the case will be dismissed.