DeKine v. District of Columbia

422 A.2d 981, 1980 D.C. App. LEXIS 388
CourtDistrict of Columbia Court of Appeals
DecidedOctober 14, 1980
Docket79-663
StatusPublished
Cited by44 cases

This text of 422 A.2d 981 (DeKine v. District of Columbia) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeKine v. District of Columbia, 422 A.2d 981, 1980 D.C. App. LEXIS 388 (D.C. 1980).

Opinion

422 A.2d 981 (1980)

Robert DeKINE et al., Appellants,
v.
DISTRICT OF COLUMBIA, Appellee.

No. 79-663.

District of Columbia Court of Appeals.

Argued June 24, 1980.
Decided October 14, 1980.

*983 Samuel J. Buffone, Washington, D. C., with whom Robert Case Liotta, Washington, D. C., was on the brief, for appellants.

James C. McKay, Jr., Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., at the time the brief was filed, were on the brief, for appellee.

Before GALLAGHER, MACK and FERREN, Associate Judges.

FERREN, Associate Judge:

Robert and Aline DeKine appeal from summary judgment in favor of the District of Columbia based on the trial court's ruling that appellants failed to meet the notice requirements of D.C.Code 1973, § 12-309. They contend that their attorney's April 30, 1975, letter to the District and/or their December 5, 1975, complaint in this action provided timely and adequate notice of their claims for wrongful arrest, unlawful impoundment of their horses, and tortious interference with their business of horse-drawn carriages for hire. We conclude that both the letter and the complaint were untimely. Accordingly, we affirm the judgment.

I.

On May 2, 1975, the Mayor's Correspondence Unit of the District of Columbia government received a letter from appellants' attorney, dated April 30, 1975, giving notice of a claim for damages against the District pursuant to D.C.Code 1973, § 12-309.[1] The letter was date-stamped (at 11:43 a. m. on May 2, 1975), logged, tagged as a "claim letter," and transmitted to the Mayor's Executive Secretary.[2] The letter stated:

We represent Mr. and Mrs. Robert De Kine in a claim against the District of Columbia arising from the actions of the District of Columbia acting in concert with the Washington Humane Society on and after October 31, 1974. This notice is submitted pursuant to the provisions of 12 D.C.Code 309.
Mr. and Mrs. De Kine were at the time operating a business involving horse drawn carriages for hire. On or about October 31, 1974, the District of Columbia, acting through its officers and agents, caused Mr. De Kine to be wrongfully arrested and deprived of his liberty and unjustly and without compensation impounded property of Mr. and Mrs. De Kine, to wit three horses. The horses were seized from private property leased to Mr. De Kine by Park and Lock Parking Lot owned by Rorke Management Enterprises, 900 Wisconsin Avenue, N.W., Washington, D.C.
These acts were part of a pattern and practice of unlawful interference with the business affairs of Mr. and Mrs. De Kine, in which the District of Columbia participated. The District of Columbia *984 participated in and aided this unlawful attempt to harass and deprive Mr. and Mrs. De Kine of property and personal liberty without good cause or just compensation.
If any additional information is necessary to constitute sufficient notice of these claims, please contact the undersigned.

By letter dated May 23, 1975, the Executive Secretary acknowledged the District's receipt of the claim letter and noted that it had been referred to the Corporation Counsel for consideration. On August 11, 1975, the Corporation Counsel's Chief Investigator wrote to appellants' attorney requesting ten items of additional information. Their attorney replied by letter of August 27, 1975, that he could not provide any of the requested information because his clients were out of town. He indicated that upon their return in September 1975 he would provide the information. The District received no further information, however, until December 9, 1975, when the Chief Investigator received a letter informing him that appellants had filed a civil action on December 5, 1975.[3]

The suit was styled "Complaint for False Arrest, Unlawful Seizure and Detention of Property, Negligence, Conspiracy, Misuse of Legal Process, and Intentional Interference with Business Relationship" against the Washington Humane Society, its past and present presidents, and the District of Columbia. Appellants alleged that the Society had "embarked upon a pattern of har[]assment and intimidation of the [plaintiffs] designed to drive them out of business." They further claimed that District "employees, officers and agents" had participated in those activities by (1) arresting Robert DeKine without proper legal process, (2) seizing appellants' property without proper justification or process, and (3) harassing and intimidating appellants and preventing them from carrying out their normal business functions. The complaint referred to 13 separate incidents occurring between September 22, 1973, and June 4, 1975.

The District moved for summary judgment on the ground (among others) that appellants had not satisfied § 12-309. The trial court granted the District's motion on January 4, 1977.[4] This appeal followed.[5]

II.

Appellants contend, first, that their attorney's April 30, 1975, letter provided timely and adequate notice of their claims of false arrest and unjust impoundment against the District.[6] They premise their contention (as, on the facts, they must) on their view that § 12-309 requires only that a claimant send notice to the District within six months of the injury, not that the District also receive it within that period. We disagree with that interpretation. Consequently, the letter was untimely.

*985 A. The timeliness of notice turns on construction of the phrase "has given notice in writing to the [Mayor]." D.C.Code 1973, § 12-309. No case has decided whether the mere sending of notice satisfies this requirement or whether, in addition, the District must receive notice within six months of the injury.[7] Courts in other jurisdictions construing similar notice requirements almost unanimously have rejected the view that mailing, in itself, satisfies the statute. Timely receipt is required. See, e. g., Oquendo v. Insurance Co. of Puerto Rico, 388 F.Supp. 1030, 1032 (D.P.R.1974) (requirement that "notice shall be presented. . . within ninety days" means that municipality must learn of intention to sue within specified period); Rapid Motor Lines, Inc. v. Cox, 134 Conn. 235, 238, 56 A.2d 519, 521 (1947) (provision that notice "shall have been given within sixty days" requires actual delivery within specified period); Shields v. State Highway Commission, 178 Kan. 342, 346, 286 P.2d 173, 176 (1955) (provision that notice "shall be served" within ninety days requires receipt within time prescribed). But see Grubbs v. Prince George's County, 267 Md. 318, 325, 297 A.2d 754, 758 (1972) (requirement that "written notice. . . shall be presented either in person or by registered mail" satisfied by mailing on or before 180th day).

We agree with the approach taken by most of these courts, especially because one of the purposes of the statute is to afford "the opportunity for appropriate government officials to ascertain the facts, and, if appropriate, to adjust the claim." Jenkins v. District of Columbia, D.C.App.,

Related

Matiella v. Murdock Street LLC
District of Columbia, 2023
Turpin v. District of Columbia
District of Columbia, 2022
Zand v. Islamic Republic of Iran
District of Columbia, 2022
Jane Doe v. Kipp DC Supporting Corp.
373 F. Supp. 3d 1 (D.C. Circuit, 2019)
Cornish v. District of Columbia
67 F. Supp. 3d 345 (District of Columbia, 2014)
Maldonado v. District of Columbia
924 F. Supp. 2d 323 (District of Columbia, 2013)
Atiba v. Washington Hospital Center
43 A.3d 940 (District of Columbia Court of Appeals, 2012)
DeWITT v. District of Columbia
43 A.3d 291 (District of Columbia Court of Appeals, 2012)
Gates v. District of Columbia
825 F. Supp. 2d 168 (District of Columbia, 2011)
Patton Boggs LLP v. Chevron Corporation
District of Columbia, 2011
Owens v. District of Columbia
993 A.2d 1085 (District of Columbia Court of Appeals, 2010)
Klayman v. Barmak
District of Columbia, 2009
Barnhardt v. District of Columbia
601 F. Supp. 2d 324 (District of Columbia, 2009)
Gaudreau v. American Promotional Events, Inc.
511 F. Supp. 2d 152 (District of Columbia, 2007)
Park v. Hyatt Corp.
436 F. Supp. 2d 60 (District of Columbia, 2006)
Dennis v. Edwards
831 A.2d 1006 (District of Columbia Court of Appeals, 2003)
Boulton v. Institute of International Education
808 A.2d 499 (District of Columbia Court of Appeals, 2002)
Hubbard v. Chidel
790 A.2d 558 (District of Columbia Court of Appeals, 2002)
Beard v. Edmondson and Gallagher
790 A.2d 541 (District of Columbia Court of Appeals, 2002)
George v. Dade
769 A.2d 760 (District of Columbia Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
422 A.2d 981, 1980 D.C. App. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dekine-v-district-of-columbia-dc-1980.