Mo. Rev. Stat. » Chapter 79
Missouri Revised Statutes

Mo. Rev. Stat. § 79.480 (2026)

Notice of action shall be given

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  79.480.  Notice of action shall be given — when — contents. — No action shall be maintained against any city organized under the laws of this state as a city of the fourth class on account of any injuries growing out of any defect or unsafe condition of or on any bridge, boulevard, street, sidewalk or thoroughfare, in said city until notice shall first have been given in writing to the mayor of said city, within ninety days of the occurrence for which said damage is claimed, stating the place where, the time when such injury was received, and the character and circumstances of the injury, and that the person so injured will claim damages therefor from such city.

­­--------

(RSMo 1939 § 7241)

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1970–2021 · leading case: Schumer ex rel. Schumer v. City of Perryville, 667 S.W.2d 414 (Mo. 1984).
Sort: Relevance Newest Treatment
Schumer ex rel. Schumer v. City of Perryville, 667 S.W.2d 414 (Mo. 1984). · cites it 17× “The trial court granted summary judgment on behalf of the City of Perry-ville on the basis that plaintiff had failed to give the city notice within 90 days of the accident as required by § 79.480, RSMo 1978. 1 The order for summary judgment was severed from the remaining issues…”
State ex rel. Sasnett v. Moorhouse, 267 S.W.3d 717 (Mo. Ct. App. 2008). · cites it 6× “banc 1984), the Missouri Supreme Court held that legal incapacity excuses the failure to give notice under section 79.480. Id. at 418 . The legal incapacity at issue was the plaintiffs minority.”
Kirkpatrick v. City of Glendale, 99 S.W.3d 57 (Mo. Ct. App. 2003). · cites it 9× “In December 2001, plaintiff brought the present action against the City, seeking damages for the injuries he sustained in the fall.”
Henson v. City of Springfield, 524 S.W.3d 142 (Mo. Ct. App. 2017). · cites it 6× “210 is that the way be “an unobstructed way through which there is a passing from” one location to another, all greenspace in every city park or other city owned property would be a thoroughfare within the meaning of section 82.”
Findley v. City of Kansas City, 782 S.W.2d 393 (Mo. 1990). · cites it 3× “600, RSMo 1986 (third class cities): Section 79.480, RSMo 1986 (fourth class cities); Section 81.”
Lemming v. City of Salisbury, 765 S.W.2d 271 (Mo. Ct. App. 1988). · cites it 11× “The city filed a motion asserting the failure of the plaintiffs to comply with section 79.480, RSMo 1986, which reads in relevant part: No action shall be maintained against any city organized under the laws of this state as a city of the fourth class on account of any injuries…”
Walls v. City of Overland, 865 S.W.2d 839 (Mo. Ct. App. 1993). · cites it 9× “On motion of defendant, the trial court granted summary judgment in its favor on the ground that the notice given by plaintiff to defendant prior to the institution of her action failed to comply with § 79.480, RSMo 1986. Section 79.480 provides in pertinent part: No action…”
Frogge v. Nyquist Plumbing & Ditching Co., 453 S.W.2d 913 (Mo. 1970). · cites it 3× “Section 79.480 1 reads as follows: “No action shall be maintained against any city organized under the laws of this state as a city of the fourth class on *915 account of any injuries growing out of any defect or unsafe condition of or on any bridge, boulevard, street, sidewalk…”
McCulley v. City of Princeton, 488 S.W.2d 277 (Mo. Ct. App. 1972). · cites it 4× “Does Section 79.480 requiring notice to a city of the 4th class within 90 days for “injuries” growing out of a “defect” or “unsafe” condition of “street, sidewalk or thoroughfare” apply to a claim for property damage arising from a clogged sewer installed under a city street ?…”
Rhonda Potts v. City of St. Louis, 499 S.W.3d 388 (Mo. Ct. App. 2016). · cites it 2× “600 (applicable to third class cities); Section 79.480 (applicable to fourth class cities); Section 81.”
Heater v. Burt, 769 S.W.2d 127 (Mo. 1989). · cites it 2× “600, RSMo 1986, (third class cities), § 79.480, RSMo 1986, (fourth class cities), § 81.”
Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004). “470 (amended in 1971); § 79.480 (added in 1933); § 79.490 (amended in 1978 and 1987); § 79.”
Show all 15 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.