[Adopted 2-10-2020 by Ord. No. 20-2]
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 Commissioners of Bridgeville 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 Bridgeville, Delaware. 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.
B.
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.
