Otte v. City of Ste. Genevieve

PUDLOWSKI, Presiding Judge.

This is an appeal from dismissal of Rosemary Otte’s (appellant) claim for damages against the City of St. Genevieve (City) for injuries sustained when she slipped and stepped into a hole located in a drainage ditch adjacent to the street. The trial court dismissed appellant’s claim finding she failed to comply with the notice requirements of *560§ 79.4801 and, therefore, could not maintain an action against the City. Appellant argues the trial court erred in granting the motion to dismiss because the notice requirements of the statute do not pertain to a drainage ditch…