Fitts v. City of Beaumont

OPINION

BURGESS, Justice.

This is a summary judgment case involving a “notice of claim” provision in a city charter. Deborah Kay Fitts filed suit against the City of Beaumont, Texas alleging she had been injured in a fall on the city’s property. The fall, she alleged, was a result of a hole in the roadway which constituted a dangerous condition. The city answered stating Ms. Fitts had not given notice of her injuries within the sixty day period required by the city charter. 1 All the requisite dates were uncontroverted or admitted by both parties. The City of Beaumont filed a motion for summary…