Fuller v. City of Birmingham

JONES, Justice.

This is an appeal from dismissal of Plaintiffs suit against the City of Birmingham arising out of a fall suffered by Plaintiff on a city sidewalk. Plaintiff’s complaint was dismissed for failure to comply with the requirements set forth by statute for bringing personal injury suits against the City. The statute in question, Tit. 62,.§ 659, Code of Alabama 1940 (as preserved by § 1-1-10, Ala.Code 1975), states:

“No suit shall be brought unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding…