Perry v. City of Birmingham

Barry Perry appeals the summary judgment entered in favor of the City of Birmingham on the ground of his failure to notify the City of his claim as required by law. We affirm.

On July 28, 2003, Perry sued the City of Birmingham for negligently maintaining the sidewalk outside the Social Security office. He alleged that, on October 28, 2002, he suffered injuries when his wheelchair overturned as a result of a defect in the sidewalk. The City moved to dismiss or, in the alternative, for a summary judgment on the ground that Perry did not file his claim within six months of his injury as required…