Jenkins v. City of Wilmington

CLARK, Judge.

The sole question raised by this appeal is whether plaintiff’s claim is barred for failure to give written notice to the City Council within six months after the cause of action arose, as required by N.C. Gen. Stat. § 1-539.15.

It must be conceded that plaintiff failed to give written notice to the City Council. However, it is stipulated by the parties that on 13 December 1976 (about three weeks after his injury occurred) the City Manager and City Attorney of defendant municipality received a letter from plaintiff’s attorney. It is clear that this letter contained the required…