Background
Elisha Havens alleged that she was injured on January 20, 2024, when she fell on a slippery or icy sidewalk outside Shades Cafe and Steakhouse in Middlesboro, Kentucky. In January 2025, she sued both the restaurant and the City of Middlesboro for negligence.
The City sought summary judgment because Havens had not provided notice of her injury within 90 days as required by KRS 411.110. Havens did not dispute the lack of notice but argued that the statute did not apply because a natural accumulation of snow and ice was not a “defect in the condition” of a sidewalk. The Bell Circuit Court dismissed the claims against the City with prejudice, while the claims against the restaurant remained pending.
The Court’s Holding
The Kentucky Court of Appeals affirmed. It held that an allegedly unsafe condition caused by snow or ice on a sidewalk falls within KRS 411.110’s broadly construed reference to “any defect” in a public thoroughfare. Kentucky precedent does not limit the statute to permanent or structural defects; temporary conditions can also trigger the notice requirement.
The court further held that strict compliance with the statute is mandatory and is a condition precedent to suing a city. Havens’s complaint, filed nearly one year after the fall, could not substitute for timely notice. The possibility that the ice would have disappeared before the City received notice did not alter the result because the statute also enables a city to investigate and evaluate claims, consider settlement, and protect public funds against unjust claims.
Key Takeaways
- KRS 411.110 requires notice to the designated city official within 90 days when an injury arises from a condition of a city sidewalk or other public thoroughfare.
- The statute’s reference to “any defect” encompasses temporary unsafe conditions, including an allegedly icy sidewalk, and is not confined to structural defects requiring repair.
- Strict statutory compliance is a condition precedent to suit; filing a complaint nearly one year after the incident did not cure the failure to provide timely notice.
Why It Matters
The decision reinforces that attorneys handling injury claims against Kentucky cities must identify and satisfy KRS 411.110’s notice requirements promptly, even when the alleged hazard is temporary or naturally occurring. A plaintiff cannot avoid the statute by arguing that the condition disappeared or that timely notice would not have enabled the city to repair it.