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Question
An MPT task memo asks you to draft an opinion letter to Paul, who was injured when a city bus struck his bicycle. Paul wants to sue the city. The File shows that the accident happened 104 days ago. A statute in the Library requires written notice to the city within 90 days of an injury claim, but another provision allows late notice if the claimant was mentally or physically incapacitated and the city was not prejudiced. Paul was hospitalized for 12 days, then stayed with his sister while taking pain medication. He sent the transit office a complaint email 82 days after the accident, but the email did not identify witnesses or state a claim for damages.
The Library contains one case accepting late notice when the claimant was unconscious for two months and the city had police reports from the scene, and another case rejecting late notice when the claimant recovered before the deadline and offered only general stress as the excuse.
What should the opinion letter say? Discuss how to communicate the missed-deadline problem, how to analyze the possible late-notice exception, how to handle uncertain facts, and what practical next steps should be recommended.