[HISTORY: Adopted by the Town Council of
the Town of Millville 9-9-2008 by Ord. No. 08-02. Amendments noted where
applicable.]
No person, joint venture, association, partnership,
corporation, limited liability company, 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 Millville 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.
Such notice shall be in writing and shall be delivered
to the Town Manager at the Town Hall in Millville.
B.
The notice shall particularly describe the occurrence
and the nature of the claim and shall state the date and place of
the occurrence and the name and address of each claimant for whom
the notice is being given.
C.
Such notice shall be deemed to be a condition precedent
to the filing of a 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.