Fortenberry v. City of Birmingham

Paul R. Fortenberry was injured while employed with the City of Birmingham ("the City"). He later sued the City, and other parties, seeking to recover damages for his injuries. Fortenberry's wife, Sharon, joined the suit, seeking to recover damages for loss of consortium. The trial court entered a summary judgment for the City on the ground that the Fortenberrys had failed to comply with the notice-of-claim requirements of Ala. Code 1975, §§ 11-47-23 and 11-47-192.1 That judgment was made final pursuant to Rule 54(b), A.R.Civ.P., and the Fortenberrys appealed.

After carefully reviewing the…