notice.
No action shall be maintained against any city in this state because of any injury growing
out of any defect in the condition of any bridge, street, sidewalk, alley or other public
thoroughfare, unless notice has been given to the mayor, city clerk or clerk of the board of
aldermen in the manner provided for the service of notice in actions in the Rules of Civil
Procedure. This notice shall be filed within ninety (90) days of the occurrence for which
damage is claimed, stating the time of and place where the injury was received and the
character and circumstances of the injury, and that the person injured will claim damages
therefor from the city.
History: Amended 1954 Ky. Acts ch. 171, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2741e-24.
Notes of Decisions
Denton v. City of Florence, 301 S.W.3d 23 (Ky. 2009).
· cites it 20× “Introduction This is an appeal from an opinion of the Court of Appeals affirming the decision of the Boone Circuit Court dismissing Appellant's complaint against the City of Florence on the grounds that she did not comply with KRS 411.110 by failing to provide the city with the…”
Krietemeyer v. City of Madisonville, 576 S.W.3d 157 (Ky. Ct. App. 2018).
· cites it 11× “After filing an answer to the complaint, the City moved for summary judgment, arguing that Krietemeyer's action was barred because she failed to give proper notice of her injury prior to bringing the action, as required by KRS 411.”
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003).
· cites it 2× “2d 414 (1945) (holding that the 90-day notice contained in KRS 411.110 is not controlling in a wrongful death case brought against city under KRS 411.”
Roehrig v. City of Louisville, 454 S.W.2d 703 (Ky. Ct. App. 1970).
· cites it 4× “The city moved to dismiss the third-party complaint on the ground that any liability on its part was barred by reason of the fact that notice of claim of injury had not been given to the city within 90 days of the accident, as required by KRS 411.110. The circuit court sustained…”
Spangler's Adm'r v. City of Middlesboro, 191 S.W.2d 414 (Ky. Ct. App. 1945).
· cites it 4× “On December 30, 1944, an administrator was appointed for the estate and on February 9, 1945, he-brought this action charging the city with negligence in the construction and maintenance of the culvert.”
Galloway v. City of Winchester, 184 S.W.2d 890 (Ky. Ct. App. 1945).
· cites it 3× “The suit was instituted more than 90 days after the happening of the accident, and without complying with the provisions of KRS 411.110, which recites: “No, action shall be maintained against any city in this state because of any injury growing out of any defect in the condition…”
Berry v. City of Louisville, 249 S.W.2d 818 (Ky. Ct. App. 1952).
· cites it 5× “This appeal concerns itself with the sufficiency of a notice sent to the City of Louisville pursuant to KRS 411.110. The trial court sustained the City’s special demurrer to appellant’s petition on the ground that the notice was insufficient.”
Treitz v. City of Louisville, 167 S.W.2d 860 (Ky. Ct. App. 1943).
· cites it 2× “This is our first case involving an interpretation of Chapter 123 of the Acts of 1940, KRS 411.110. The Act follows: “Section 1.”
Baldridge v. City of Ashland, 613 S.W.2d 430 (Ky. Ct. App. 1981).
· cites it 3× “This appeal is from an order entered March 4, 1980, dismissing the appellants’ complaint because of their failure to strictly comply with the provisions of KRS 411.110 as to the exact date of the alleged accident.”
Louisville Water Co. v. Wells, 664 S.W.2d 525 (Ky. Ct. App. 1984).
“Cities and counties perform some of their governmental and proprietary functions through boards and agencies. These boards and agencies are frequently separate corporations or bodies-politic.”
Wellman v. City of Owensboro, 282 S.W.2d 628 (Ky. Ct. App. 1955).
· cites it 9× “02, governing service; modifies or supersedes KRS 411.110 which specifies on whom service must be made in notifying a municipality of a claim against it for injuries allegedly caused by defects in its-streets and sidewalks.”
City of Louisville v. Verst, 213 S.W.2d 517 (Ky. Ct. App. 1948).
“The ground of appellant’s special demurrer was -that the notice pursuant to KRS 411.110 was insufficient. *48 The statute provides that within ninety days of the occurrence for which damage is claimed notice shall be given to the mayor, city clerk or clerk of the board of…”
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