District Court of Appeal of Florida January 17, 2014, No. 2D12-2485 (Vargas v. City of Fort Myers)

SLEET, Judge.

Ruth Vargas appeals the summary judgment entered in favor of the City of Fort Myers (Fort Myers) on the bases that Vargas failed to comply with section 768.28, Florida Statutes (2005), and the statute of limitations expired. We disagree. Accordingly, we reverse.

I. Background

On March 3, 2005, Vargas was injured in a traffic accident involving a Fort Myers police car.