Brasher v. City of Birmingham

The question before us in this case is whether failure to file a claim with the City Clerk of Birmingham, as required by Tit. 62, § 659, Code, under any set of circumstances, is fatal to the pursuit of negligence actions against the City. We hold it is not and reverse summary judgments in favor of the City.

Plaintiffs, the Brashers, filed suits against the City of Birmingham for damages on account of injuries allegedly received by Mrs. Brasher in a fall on a City sidewalk on 26 December 1974. In spite of the clear language of the statute, the lawyer filed notices of the claims against the City…