Norland v. City of Mason City

McCORMICK, Justice.

This is an appeal from an adjudication under rule 105, Rules of Civil Procedure, that plaintiff’s personal injury action against .Mason City is barred by limitations in § 613A.5, The Code. We affirm.

Plaintiff’s petition was filed May 28, 1970. It alleged she fell on a public sidewalk in Mason City on July 21, 1969, and suffered injuries proximately caused by the City’s negligence in maintaining the sidewalk. The petition recited that notice of the injury was mailed to the city clerk September 3, 1969. In its answer the City raised an affirmative defense claiming the action…