DISMUKE v. CITY OF SIKESTON

No. 12007.

614 S.W.2d 765 (1981)

Georgia Otella DISMUKE, Plaintiff-Appellant, v. CITY OF SIKESTON, a municipality, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Three.

April 1, 1981.


Attorney(s) appearing for the Case

Stephen L. Taylor, Gilmore, Gilmore & Taylor, Sikeston, Francis J. Siebert, Scott City, for plaintiff-appellant.

Albert C. Lowes and Thomas A. Ludwig, Buerkle, Lowes & Beeson, Jackson, for defendant-respondent.


PREWITT, Judge.

Plaintiff sought damages from defendant, a city of the third class, for injuries received when she fell on a sidewalk. Summary judgment was granted against plaintiff because she did not properly serve upon defendant's mayor the notice required by § 77.600, RSMo 1978.

Appellant does not question the constitutionality of § 77.600. Similar statutes have been recently questioned in other jurisdictions. See Herman v. Magnuson, ...

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