(Download) "Leatrice Mcleod v. Village Ettrick and" by District Three Court of Appeals of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Leatrice Mcleod v. Village Ettrick and
- Author : District Three Court of Appeals of Wisconsin
- Release Date : January 25, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
LaROCQUE, J. Leatrice McLeod appeals the dismissal of her complaint against the village of Ettrick for failure to comply with
sec. 893.80(1)(b), Stats., which requires the service of an itemized statement of the relief sought before filing suit against
a governmental agency. McLeod contends that the statement in her notice of injury that her claim would exceed 550,000 is sufficient
to fulfill the statutory requirements. 1 Because binding precedent requires that a claim specify the dollar amount claimed,
we reject McLeod's argument and affirm. McLeod was injured in a slip and fall on a village sidewalk. In August, 1986, she served the village clerk with a notice
of injury as required by sec. 893.80(1)(a). That notice also contained the following language: "Given the nature and extent
of the injuries sustained, medical bills incurred to date, and anticipated future medical expenses, claims of Leatrice McLeod
are anticipated to exceed the sum of 550.000.00." (Emphasis supplied.) The village moved the circuit court to dismiss McLeod's
complaint for her failure to properly furnish a notice of claim as set forth in sec. 893.80(1)(b). The court concluded that
the notice did not meet the statutory requirements and dismissed McLeod's action.
 "Leatrice Mcleod v. Village Ettrick and" by District Three Court of Appeals of Wisconsin " Book PDF Kindle ePub Free){kind=link}