§ 11.03. Restrictions on actions for damages against city; notice to be given of claims.

(a)

Whenever in any action, suit or proceeding against the city any person, firm or corporation may be liable or responsible with the city, such person, firm or corporation shall, upon motion of the city, be joined as defendant with the city, and whenever there is a judgment, order or decree rendered against or affecting the city and any person, firm or corporation is so joined, the court shall determine which of the defendants is primarily liable or responsible. If it shall be ascertained by the judgment of the court that some person, firm or corporation other than the city is primarily liable, there shall be a stay of execution against the city until execution against such person, firm or corporation shall have been returned without realizing the full amount of said judgment. If the city, where not primarily liable, shall pay the said judgment in whole or in part, the plaintiff shall, to the extent that said judgment is paid by the city, assign the said judgment to the city without recourse on the plaintiff, and the city shall be entitled to have execution issued for its benefit against the other defendant or defendants who have been ascertained to be primarily liable, or may institute any suit in equity to enforce the said judgment, or an action at law, or scire facias to revive or enforce said judgment.

(b)

No action shall be maintained against the city for injury to any person or property or for wrongful death alleged to have been sustained by reason of the negligence of the city or of any officer, employee or agent thereof, unless a written statement by the claimant, his agent, attorney or representative, of the nature of the claim and of the time and place at which the injury is alleged to have occurred or been received shall have been filed with the city attorney, mayor or city manager within six months after such cause of action shall have accrued, except if the complainant during such six-month period is able to establish by clear and convincing evidence that due to the injury sustained for which a claim is asserted that he was physically or mentally unable to give such notice within the six-month period, then the time for giving notice shall be tolled until the claimant sufficiently recovers from said injury so as to be able to give such notice. Neither the city attorney nor any other officer, employee or agent of the city shall have authority to waive the foregoing conditions precedent or any of them. (Acts 1974, ch. 595, § 1)