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FITTS v. CITY OF BEAUMONT

No. 09 83 223 CV.

688 S.W.2d 182 (1985)

Deborah Kay FITTS, Appellant, v. The CITY OF BEAUMONT, Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 21, 1985.

Attorney(s) appearing for the Case

Kenneth W. Lewis, Cribbs & Lewis, Beaumont, for appellant.

Robert A. Black, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, for appellee.

OPINION

BURGESS, Justice.

This is a summary judgment case involving a "notice of claim" provision in a city charter. Deborah Kay Fitts filed suit against the City of Beaumont, Texas alleging she had been injured in a fall on the city's property. The fall, she alleged, was a result of a hole in the roadway which constituted a dangerous condition. The city answered stating Ms. Fitts had not given notice of her injuries...

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