DIEMERT v. CITY OF MOBILE

83-1202.

474 So.2d 663 (1985)

Howard DIEMERT, as father and next friend of Angela Victoria Diemert, deceased v. CITY OF MOBILE, a municipal corporation.

Supreme Court of Alabama.

July 3, 1985.


Attorney(s) appearing for the Case

Gregory B. Breedlove of Cunningham, Bounds, Yance, Crowder & Brown, Mobile, for appellant.

Horace Moon, Jr. and William G. Jones, III, Mobile, for appellee.


MADDOX, Justice.

This is an appeal from a summary judgment in a wrongful death case against the City of Mobile granted on the ground that the complaint, although filed within six months, failed to comply substantially with the claims statutes. We reverse and remand.

On April 13, 1980, eight-year-old Angela Diemert fell into a flooded drainage ditch in Mobile, was swept by the current into a large culvert, and drowned.

On July 25, 1980, Angela's father...

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