Johnson v. City of Raleigh

GREENE, Judge.

Plaintiff appeals the court’s grant of summary judgment for defendant.

The record shows that plaintiff filed suit on 7 December 1987 against the City of Raleigh (“City”) for personal injuries arising out of plaintiff’s fall on a wet sidewalk on 10 December 1984. The clerk of superior court issued summons on 7 December 1987, ad dressed to “Mayor ... or City Attorney Dempsey Benton,” which was served at the City Mayor’s office on 10 December 1987. The server left a copy of the complaint and summons with the mayor’s assistant. The City answered, asserting lack of personal…