(1) Every claim against a political subdivision permitted under the Political Subdivisions Tort Claims Act shall be forever barred unless within one year after such claim accrued the claim is made in writing to the governing body. Except as otherwise provided in this section, all suits permitted by the act shall be forever barred unless begun within two years after such claim accrued. The time to begin a suit shall be extended for a period of six months from the date of mailing of notice to the claimant by the governing body as to the final disposition of the claim or from the date of withdrawal of the claim from the governing body under section 13-906 if the time to begin suit would otherwise expire before the end of such period.
(2) If a claim is made or filed under any other law of this state and a determination is made by a political subdivision or court that the act provides the exclusive remedy for the claim, the time to make a claim and to begin suit under the act shall be extended for a period of six months from the date of the court order making such determination or the date of mailing of notice to the claimant of such determination by the political subdivision if the time to make the claim and to begin suit under the act would otherwise expire before the end of such period. The time to begin suit may be further extended as provided in subsection (1) of this section.
(3) If a claim is made or a suit is begun under the act and a determination is made by the political subdivision or by the court that the claim or suit is not permitted under the act for any other reason than lapse of time, the time to make a claim or to begin a suit under any other applicable law of this state shall be extended for a period of six months from the date of the court order making such determination or the date of mailing of notice to the claimant of such determination by the political subdivision if the time to make the claim or begin the suit under such other law would otherwise expire before the end of such period.
(4) If a claim is brought under the Nebraska Hospital-Medical Liability Act, the filing of a request for review under section 44-2840 shall extend the time to begin suit under the Political Subdivisions Tort Claims Act an additional ninety days following the issuance of the opinion by the medical review panel if the time to begin suit under the Political Subdivisions Tort Claims Act would otherwise expire before the end of such ninety-day period.
Notes of Decisions
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
· cites it 21× “, under the Political Subdivisions Tort Claims Act (Tort Claims Act), *238 expressly relying on the “savings clause” of Neb. Rev. Stat. § 13-919 (2) (Reissue 1997).”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
· cites it 17× “See, § 13-906; § 13-919(1). In short, a litigant must first file a claim, and then may bring suit only after the claim is disposed of or withdrawn.”
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990).
· cites it 16× “" Section 23-2416 (Reissue 1983), mentioned in Chicago Lumber as the statute of limitations pertaining to the Nebraska Political Subdivisions Tort Claims Act and as amended in 1984, has been replaced, without statutory alteration, by § 13-919, which provides: (1) Every claim…”
Harris v. Omaha Hous. Auth., 698 N.W.2d 58 (Neb. 2005).
· cites it 8× “2003), asserting that Harris’ complaint was barred by § 13-919, because she failed to file her claim with OHA within 1 year and did not file her lawsuit within the 2-year statute of limitations.”
Polinski v. Omaha Pub. Power Dist., 554 N.W.2d 636 (Neb. 1996).
· cites it 15× “The district court held that Polinski failed to file his claim with OPPD within 1 year, as required by Neb. Rev. Stat. § 13-919 (1) (Reissue 1991), and therefore entered summary judgment in favor of OPPD.”
Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
· cites it 4× “Section 13-919(1) provides that suits permitted by the PSTCA must be commenced within 2 years after the claim accrued, subject to the following exception: The time to begin a suit shall be extended for a period of six months from the date of mailing of notice to the claimant by…”
Woodard v. City of Lincoln, 588 N.W.2d 831 (Neb. 1999).
· cites it 8× “BESSIE'S CLAIM Although the above analysis applies equally to Bessie's claim insofar as her claim was barred by the 2-year statute of limitations, her claim is different from Philip's in that she never filed a notice of claim with the City as required by § 13-919(1). Bessie…”
Christianson v. Educ. Serv. Unit No. 16, 501 N.W.2d 281 (Neb. 1993).
· cites it 6× “Section 25-213 states: [I]f a person entitled to bring any action mentioned in this chapter [or] the Political Subdivisions Tort Claims Act.”
Jessen v. Malhotra, 665 N.W.2d 586 (Neb. 2003).
· cites it 3× “See § 13-919(2). In their respective answers, Malhotra and Kearney County admitted that Malhotra was employed as a medical doctor by Kearney County and again alleged that lessen failed to comply with the notice requirements of the Tort Claims Act.”
Gatewood v. Powell, 511 N.W.2d 159 (Neb. Ct. App. 1993).
· cites it 17× “See Neb. Rev. Stat. § 13-919 (1) (Reissue 1991).”
Brock v. Dunning, 288 Neb. 909 (Neb. 2014).
· cites it 9× “The court determined that Brock had failed to plead and prove that he had complied with the 1-year notice of claim require- ment under Neb. Rev. Stat. § 13-919 (1) (Reissue 2012) of the Political Subdivisions Tort Claims Act.”
— Neb. Rev. Stat. § 13-919(1) — 27 cases
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990).
“" Section 23-2416 (Reissue 1983), mentioned in Chicago Lumber as the statute of limitations pertaining to the Nebraska Political Subdivisions Tort Claims Act and as amended in 1984, has been replaced, without statutory alteration, by § 13-919, which provides: (1) Every claim…”
Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
“Section 13-919(1) provides that suits permitted by the PSTCA must be commenced within 2 years after the claim accrued, subject to the following exception: The time to begin a suit shall be extended for a period of six months from the date of mailing of notice to the claimant by…”
Woodard v. City of Lincoln, 588 N.W.2d 831 (Neb. 1999).
“BESSIE'S CLAIM Although the above analysis applies equally to Bessie's claim insofar as her claim was barred by the 2-year statute of limitations, her claim is different from Philip's in that she never filed a notice of claim with the City as required by § 13-919(1). Bessie…”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
“, under the Political Subdivisions Tort Claims Act (Tort Claims Act), *238 expressly relying on the “savings clause” of Neb. Rev. Stat. § 13-919 (2) (Reissue 1997).”
— Neb. Rev. Stat. § 13-919(2) — 5 cases
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
“, under the Political Subdivisions Tort Claims Act (Tort Claims Act), *238 expressly relying on the “savings clause” of Neb. Rev. Stat. § 13-919 (2) (Reissue 1997).”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
“See, § 13-906; § 13-919(1). In short, a litigant must first file a claim, and then may bring suit only after the claim is disposed of or withdrawn.”
Jessen v. Malhotra, 665 N.W.2d 586 (Neb. 2003).
“See § 13-919(2). In their respective answers, Malhotra and Kearney County admitted that Malhotra was employed as a medical doctor by Kearney County and again alleged that lessen failed to comply with the notice requirements of the Tort Claims Act.”
— Neb. Rev. Stat. § 13-919(3) — 2 cases
— Neb. Rev. Stat. § 13-919(4) — 3 cases
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
“See, § 13-906; § 13-919(1). In short, a litigant must first file a claim, and then may bring suit only after the claim is disposed of or withdrawn.”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
“, under the Political Subdivisions Tort Claims Act (Tort Claims Act), *238 expressly relying on the “savings clause” of Neb. Rev. Stat. § 13-919 (2) (Reissue 1997).”
— Neb. Rev. Stat. § 13-919(5) — 2 cases
Christianson v. Educ. Serv. Unit No. 16, 501 N.W.2d 281 (Neb. 1993).
“Section 25-213 states: [I]f a person entitled to bring any action mentioned in this chapter [or] the Political Subdivisions Tort Claims Act.”
Gatewood v. Powell, 511 N.W.2d 159 (Neb. Ct. App. 1993).
“See Neb. Rev. Stat. § 13-919 (1) (Reissue 1991).”
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