STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
CARIDAD ALVAREZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALVAREZ, DECEASED, APPELLEE
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PER CURIAM.
We affirm the judgment below upon the holdings that (a) since the Department of Insurance in fact received written notice of the instant claim by service of the amended complaint upon it well within the three-year period provided by section 768.-28(6), Florida Statutes (1983), the claim that the action is barred because the notice was not previously given is not well-taken, Lee v. South Broward Hospital District, 473 So. 2d 1322 (Fla. 4th DCA 1985); see City of Pembroke Pines v. Atlas, 474 So. 2d 237 (Fla. 4th DCA 1985), pet. for review denied, 450 So. 2d 485 (Fla.1984), and (b) any error in excluding an expert witness for noncompliance with pre-trial discovery, see Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), was rendered harmless by the fact that the salient portions of the expert’s testimony were otherwise brought to the jury’s attention. See Corbett v. Seaboard Coastline Railroad, 375 So. 2d 34 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980); Connell v. Green, 330 So. 2d 473 (Fla. 1st DCA 1976); Aiken v. Miller, 298 So. 2d 477 (Fla. 1st DCA 1974).
Affirmed.
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Citator
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Drax Int'l Ltd. v. Division OF Administration, 573 So. 2d 105 (Fla. 4th DCA 1991)…have waived this defect. Additionally, there remains a factual issue for the trial court as to whether appellants’ written notice was sufficient to comply with the statutory provisions. See State of Florida, Department of Transportation v. Alvarez, 490 So. 2d 1068 (Fla. 3d DCA 1986); Lee v. South Broward Hospital District, 473 So. 2d 1322 (Fla. 4th DCA 1985). The summary judgment in favor of ap-pellee on the negligence count (count IV) is reversed and this cause is remanded for further proceedings consisten…
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Michl v. Gen. Elec. Co. & Gray Stores, Inc., 526 So. 2d 1046 (Fla. 3d DCA 1988)…6 (Fla. 3d DCA 1982); Coral Plaza Corp. v. Hersman, 220 So. 2d 672 (Fla. 3d DCA), cert. denied, 229 So. 2d 867 (Fla.1969); see also Robison v. Faine, 525 So. 2d 903, 905 n. 2 (Fla. 3d DCA 1987). Cf. State, Dept. of Transportation [*1047] v. Alvarez, 490 So. 2d 1068 (Fla. 3d DCA), review denied, 500 So. 2d 543 (Fla.1986). Affirmed.…
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Palmer v. State, 605 So. 2d 103 (Fla. 4th DCA 1992)…f Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983); Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979); Ryan v. Heinrich, 501 So. 2d 185 (Fla. 2d DCA 1987). Contra State, Department of Transportation v. Alvarez, 490 So. 2d 1068 (Fla. 3d DCA), rev. denied, 500 So. 2d 543 (Fla.1986). AFFIRMED. LETTS and STONE, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.…
Authorities Cited
- Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981)
- Corbett v. Seaboard Coastline R.R. Co., 375 So. 2d 34 (Fla. 3d DCA 1979)
- LEE v. S. Broward Hosp. Dist., 473 So. 2d 1322 (Fla. 4th DCA 1985)
- City OF Pembroke Pines v. Atlas, 474 So. 2d 237 (Fla. 4th DCA 1985)
- Aiken v. Miller, 298 So. 2d 477 (Fla. 1st DCA 1974)
- Sheley v. Louie L. Wainwright, 330 So. 2d 473 (Fla. 1st DCA 1976)