Kieffer v. City of Berkeley

WEIER, Judge.

Plaintiffs appeal from an order sustaining the defendant’s motion to dismiss the petition. Plaintiffs’ petition alleged injury due to defendant’s negligent maintenance of one of its streets. The city’s motion to dismiss alleged an insufficiency in the notice given it. This notice stated that on June 27, 1972 Mr. Kieffer “was injured because of a defect in the thoroughfare known as Latty Road at or near the point where Latty Road intersects with Graham Road, within the city limits of the City of Berkeley.” The petition stated that the accident occurred “in front of the Midway…