Torts: Injury on Public Property-Failure to Provide Adequate Notice of Claim

Plaintiff appealed the trial court’s grant of defendant city’s motion to dismiss plaintiff’s injury claim due to her failure to provide proper notice of claim as required by the Tort Claims Act.

Although plaintiff’s injury occurred on public property requiring notice of claim, the trial court erred in finding that plaintiff had failed to substantially comply with the intent and purpose of the notice requirement, as defendant received enough information to fully investigate and defend against plaintiff’s claim.

Judgment is reversed and remanded.

Sender v. City of St. Louis (MLW No. 79739/Case No. ED110898 – 11 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, City of St. Louis, Moriarty, J. (Andrew T. Drazen, for appellant) (Steven Kratky, for respondent)