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 Fenwick Island or any of its employees, as defined in 10 Del.C., Section
4010(a), 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.
[Amended 4-27-2007]
Such notice shall be in writing and shall be delivered to the Town Manager
at the Town Hall in Fenwick Island, 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.
Such notice shall be deemed to be a condition precedent to the filing
of suit and failure to provide such notice within one (1) year of the date
of the occurrence shall be an absolute defense against any such claim, action
or suit.