Large v. City of Birmingham
Large v. City of Birmingham
Opinion
The plaintiff appeals the trial court's final judgment dismissing the City of Birmingham as a party defendant on the ground that the plaintiff, Jimmy G. Large, failed to comply with the notice-of-claim requirements of Code 1975, §
Jimmy G. Large (appellant), a fireman for the City of Birmingham (City), was injured during a training exercise on October 16, 1986. Large, while testing new rappelling equipment fell from a training tower and was injured. He submitted an injury report later that day.
Large continued to work through January 22, 1987. On March 5, 1987, he was placed on "injured with pay status," retroactive to January 23, 1987. On June 17, 1987, Large filed a notice of claim with the City. On October 26, 1987, Large sued the City for damages for injuries received during the course of his employment, claiming negligence and wantonness. The trial court dismissed the City, ruling that Large had failed to file a notice of claim with the City within six months, as is required under Code 1975, §
"All claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years from the accrual of said claim or shall be barred. Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred."
Code 1975, §
Appellant argues (1) that §
It is well established that filing a statutory notice of claim provides sufficient notice to allow city authorities to have an opportunity to investigate the circumstances of an alleged injury, so as to prepare the city's defenses or to negotiate a settlement. City of Anniston v. Rosser,
Appellant further argues that the City had actual notice of the incident, and that actual notice rendered strict compliance with §
Citing City of Montgomery v. Weldon,
Appellant asserts no course of conduct by the City in the instant case that induced reliance and caused him to change his position to his detriment or prejudice. Appellant did not receive any assurances or promises from an adjuster or any other person representing the City. We reject the contention that requesting information, maintaining contact, and giving directions regarding treatment are tantamount to the assurances received in Weldon.
Plaintiff argues that the notice of claim filed on June 11, 1987, should be deemed timely presented. Appellant states that although his accident occurred on October 16, 1986, the full extent of the injury that was the basis of the claim was not known to him until January 22, 1987; therefore, he argues, the notice of claim filed on June 17, 1987, was timely filed, being filed within six months of January 22, 1987. It is clear in this State that the statute of limitations begins to run whether or not the full extent of injury and/or damages is apparent at the time of the first legal injury. A cause of action accrues as soon as the party aggrieved is entitled to begin prosecution thereon. Federal Savings Loan Ins. Corp. v.Haralson,
The judgment of the trial court is affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX, JONES, ALMON, SHORES, ADAMS, HOUSTON and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Jimmy G. Large v. City of Birmingham.
- Cited By
- 17 cases
- Status
- Published