Eason v. City of Huntsville

Question: Did Jackson v. City of Florence, 294 Ala. 592,320 So.2d 68 (1975), abolish the requirement for the filing of a statement of claim with a municipality as provided in Title 37, § 504, Code? We answer, "No," and affirm the trial Court.

The appellant mistakenly argues that the abolition of municipal immunities by this Court was based upon constitutional considerations. A close examination of Jackson shows that the Court did not abolish Title 37, §§ 502 et seq., Code, as unconstitutional; rather, the Court reinterpreted the legislature's intent in its passage of these provisions.

We are…