SMART dismisses injury claim because notice of injury wasn't submitted in writing
By statute, a patron who is injured on government mass transit cannot sue for the injuries unless he or she has provided the governmental entity with written notice of the injury within 60 days. Loren Roberts suffered a knee injury on a SMART bus, allegedly because the driver negligently moved ahead abruptly before Roberts could find a seat. Although it was undisputed that Roberts notified both the driver and SMART of the incident within the notice period, Roberts' injury claim was dismissed because he did not give the Defendants notice in writing. SMART was not required to demonstrate that it was prejudiced by the oral notice.