[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 5-9-1987
by Ord. No. 93 (Ch. 8, Subchapter 3, of the 1984 Code). Amendments
noted where applicable.]
No person, joint venture, association, partnership, corporation, trust,
guardian or other legal entity acting on its own behalf or on behalf of any
other legal entity shall institute or file any lawsuit, legal action or claim
seeking recovery of damages grounded in tort in any court of law or equity,
in this or any other state, against the Town of Dewey Beach or any of its
employees, as defined in 10 Del. C. § 4010(1), unless notice of
the occurrence forming the basis of the claim or action is given to the Town
within one year of the date of occurrence.
A.Â
Such notice shall be in writing and shall be delivered
to the Town Manager at the Town Hall in Dewey Beach, Delaware. The notice
shall particularly describe the occurrence and the nature of the claim, shall
state the date and place of the occurrence, and the name and address of each
claimant for whom the notice is being given.
B.Â
Such notice shall be deemed to be a condition precedent
to the filing of suit, and failure to provide such notice within one year
of the date of the occurrence shall be an absolute defense against any such
claim, action, or suit.
