Wilson v. District of Columbia

FICKLING, Associate Judge:

This is an appeal from an order of the Superior Court of the District of Columbia, Civil Division, dismissing appellants’ complaint1 against the District of Columbia (appellee) on the ground that appellants failed to give appellee notice of their claim within six months as required by D.C.Code 1973, § 12-309. The sole issue presented on appeal is whether this statute is constitutional. Finding that the statute passes constitutional muster, we affirm.

*438The operative facts in this case are not in dispute. The incident giving rise to the cause of action occurred on or about July 9, 1971, and appellants concededly did not notify the District of their claim within six months thereof.

The statute under attack provides:

An action may not be maintained against the District of Columbia for un-liquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the Board of Commissioners of the District of Columbia of the approximate time, place, cause, and circumstances of the injury or damage. A report in writing by the Metropolitan Police Department, in regular course of duty, is a sufficient notice under this section. [D.C.Code 1973, § 12-309.]

Appellants contend that the above statute violates constitutional equal protection guarantees since, by its operation, those injured by governmental and private tort-feasors are treated differently. Under the statute, written notice is a condition precedent to filing suit against the District. No such requirement exists for suits against private tort-feasors. Relying heavily on Reich v. State Highway Department, 386 Mich. 617, 194 N.W.2d 700 (1972), appellants assert that this distinction is arbitrary, irrational, ánd without logical basis. We find this reasoning unpersuasive.2

Under traditional equal protection principles,3 a state retains broad discretion to classify as long as its classifications have a reasonable basis. Dandridge v. Williams, 397 U.S. 471, 485, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970); McGowan v. Maryland, 366 U.S. 420, 425-27, 81 S.Ct. 1101, 6 L.Ed.2d 393 (1961); Lindsley v. National Carbonic Gas Co., 220 U.S. 61, 78, 31 S.Ct. 337, 55 L.Ed. 369 (1911). Closer judicial scrutiny is not required in this case since D.C.Code 1973, § 12-309, neither impinged upon fundamental rights4 nor employed an inherently suspect classification.5

We are satisfied that sufficient realistic and practical differences exist between governmental and private tortfeasors to justify the disparate treatment at issue in this case. The legislative history of the statute in question indicates that it was designed “to protect the District of Columbia against unreasonable claims,” and “to give the District officials notice of the accident so that the facts may be ascertained and, if possible, the claim adjusted.”6 These reasons justify the disparate treatment of tort-claimants where the government is sued.

*439We believe the above considerations are adequate to sustain D.C.Code 1973, § 12-309, against the constitutional challenge advanced by appellants.

Affirmed.