Lemming v. City of Salisbury

COVINGTON, Judge.

Plaintiffs brought suit to recover damages from defendant City of Salisbury for personal injuries alleged to have been sustained in a fall when plaintiff Anna Lemming slipped and stepped into a hole or opening in a grate located adjacent to the street at the north entrance of the Biltwell Company of Salisbury, Missouri. Plaintiffs alleged five separate acts of negligence on the part of the defendant relative to the allegedly unsafe condition of the grate.

The city filed a motion asserting the failure of the plaintiffs to comply with section 79.480, RSMo 1986, which reads in…