Crandall v. City of Birmingham

Crandall, the plaintiff below, appeals from the trial court's order dismissing his claim for damages for assault and battery and negligence against the City of Birmingham. The City's motion to dismiss, which was treated as a motion for summary judgment, was granted on the grounds that Crandall failed to file a notice of claim with the city clerk within the ninety-day period prescribed by Title 62, § 659, of the Alabama Code of 1940 (Recompiled 1958), as preserved by § 1-1-10 of the 1975 Code. It is undisputed that Crandall filed the notice more than ninety days, but less than six months,…