Zang v. City of St. Charles
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The Supreme Court affirmed the judgment of the circuit court sustaining the motion to dismiss filed by the City of St. Charles due to Plaintiff's failure to provide notice of suit, as required by section 12.3 of the City of St. Charles Charter, holding that Plaintiff's claims on appeal failed.
Plaintiff filed a lawsuit against the City of St. Charles and St. Charles County seeking damages incurred as a result of falling off his bike while riding across an open-grated metal bridge, alleging negligence and premises liability. The City filed a motion to dismiss, arguing that the premises liability claim was barred because Plaintiff failed to give proper notice, as required by section 12.3 of the Charter. The circuit court sustained the motion and dismissed the premises liability claim. Plaintiff appealed, arguing that the Charter's notice requirement conflicted with various statutes and must be stricken. The Supreme Court affirmed, holding that there was no irreconcilable conflict between section 12.3 of the Charter and the statutes cited by Plaintiff.
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