Stevenson v. City Council of Topeka

The opinion of the court was delivered by

Herd, J.:

This is a tort action. Gail Stevenson appeals the district court’s dismissal of her personal injury claim for her failure to observe the notice requirements of K.S.A. 1987 Supp. 12-105b(d).

This controversy arose from the following facts. On July 23, 1985, Gail Stevenson stepped into a hole where a parking meter had been removed in downtown Topeka. As Stevenson stepped into the hole she fell forward, causing injury to both knees which required surgical repair.

On June 24, 1987, Stevenson’s attorney sent a letter to the Topeka City Attorney,…