Miller v. City of Charlotte

MOORE, Justice.

The sole question presented by this appeal is: Did the trial court err in dismissing plaintiff’s action on the ground that plaintiff filed notice of claim with the city manager rather than the city council, as required by the Charlotte City Charter? The Court of Appeals held not. We disagree.

The general rule in North Carolina on municipal tort notice requirements is stated in Carter v. Greensboro, 249 N.C. 328, 106 S.E. 2d 564 (1959), as follows: “Ordinarily, the giving of timely notice is a condition precedent to the right to maintain an action, and nonsuit is proper unless…