Section 9.41 Constitutionality of Notice of Claim Statutes

• Library: Local Government Deskbook (2017 Ed.)

B. (§9.41) Constitutionality of Notice of Claim Statutes

In Schumer by and Through Schumer v. City of Perryville, Mo., 667 S.W.2d 414 (Mo. banc 1984), the 12-year-old plaintiff failed to give the City the required 90-day notice of claim. Summary judgment was granted to the City. The plaintiff, on appeal, contended that § 79.480, now RSMo 2016, the notice of claim statute for fourth class cities, was unconstitutional on its face and as applied. The Court held that the plaintiff’s minority rendered the...