(1) No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful act or omission of the employee while acting in the scope of his or her office or employment occurring after May 13, 1987, unless a claim has been submitted in writing to the governing body of the political subdivision within one year after such claim accrued in accordance with section 13-905.
(2) No suit shall be permitted on a claim filed pursuant to this section unless the governing body of the political subdivision has made final disposition of the claim, except that if the governing body does not make final disposition of the claim within six months after the claim is filed, the claimant may, by notice in writing, withdraw the claim from consideration of the governing body and begin suit.
(3) Except as provided in section 13-919, any suit commenced on any claim filed pursuant to this section shall be forever barred unless begun within two years after the claim accrued. The time to begin suit under this section shall be extended for a period of six months (a) from the date of mailing of notice to the claimant by the governing body as to the final disposition of the claim or (b) from the date of withdrawal of the claim from the governing body under this section, if the time to begin suit would otherwise expire before the end of such period.
Notes of Decisions
Cited in
29
cases (
8 in the last 5 years), 1993–2025 · leading case:
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
· cites it 13× “See Neb. Rev. Stat. § 13-920 (1) (Reissue 1997).”
Gallion v. O'CONNOR, 494 N.W.2d 532 (Neb. 1993).
· cites it 7× “Neb. Rev. Stat. § 13-920 (1) (Reissue 1991) provides as follows: No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful…”
Bohl v. Buffalo Cnty., 557 N.W.2d 668 (Neb. 1997).
· cites it 6× “On that same day, a tort claim was filed with the board of county commissioners pursuant to Neb. Rev. Stat. § 13-920 (Reissue 1991). The tort claim was later withdrawn on August 15, 1994.”
Jessen v. Malhotra, 665 N.W.2d 586 (Neb. 2003).
· cites it 3× “Section 13-920(1) provides, in relevant part: No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful act or omission of…”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
· cites it 3× “See § 13-920(1). Tavarone answered and alleged that he was at all relevant times an employee of the Hospital, a county medical facility in Valentine, Nebraska.”
Gatewood v. Powell, 511 N.W.2d 159 (Neb. Ct. App. 1993).
· cites it 8× “Lawsuits based on acts occurring after May 13,1987, are controlled by Neb. Rev. Stat. § 13-920 (Reissue 1991), which requires that a claim be filed within 1 year and which contains an explicit 2-year statute of limitations for bringing a lawsuit, § 13-920(3).”
Kuchar v. Krings, 540 N.W.2d 582 (Neb. 1995).
· cites it 3× “ASSIGNMENTS OF ERROR Kuchar contends that the district court erred in (1) determining that Neb. Rev. Stat. §§ 13-920 and 13 — 921 (Reissue 1991), which set forth the applicable statute of limitations, were constitutional; (2) determining that Krings was acting within the scope…”
Jacobson v. Shresta, 288 Neb. 615 (Neb. 2014).
· cites it 2× “In rejecting the Jacobsons’ assignment that the trial court erred in denying them their right to a jury trial, the Court of Appeals reasoned that the Jacobsons had waived that right: 1 See Neb. Rev. Stat. § 13-920 (1) (Reissue 2012).”
Jessen v. Malhotra, 112 F. Supp. 2d 917 (D. Neb. 2000).
· cites it 16× “5 The 1987 amendment, which now appears, in part, as Neb.Rev.Stat. Ann. § 13-920 (Miehie 1995), reads as follows: (1)No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the…”
Essink v. City of Gretna, 25 Neb. Ct. App. 53 (Neb. Ct. App. 2017).
· cites it 2× “caused by any negligent or wrong- ful act or omission of the employee while acting in the scope of his or her office or employment .”
Wise v. Omaha Pub. Schs., 714 N.W.2d 19 (Neb. 2006).
“However, this argument ignores language in § 13-920 which clearly provides that “[n]o suit shall be commenced against any employee of a political subdivision” for a tort committed while acting in the course and scope of employment unless the notice provisions of the PSTCA are…”
— Neb. Rev. Stat. § 13-920(1) — 10 cases
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
“See Neb. Rev. Stat. § 13-920 (1) (Reissue 1997).”
Jessen v. Malhotra, 665 N.W.2d 586 (Neb. 2003).
“Section 13-920(1) provides, in relevant part: No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful act or omission of…”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001).
“See § 13-920(1). Tavarone answered and alleged that he was at all relevant times an employee of the Hospital, a county medical facility in Valentine, Nebraska.”
Gallion v. O'CONNOR, 494 N.W.2d 532 (Neb. 1993).
“Neb. Rev. Stat. § 13-920 (1) (Reissue 1991) provides as follows: No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful…”
— Neb. Rev. Stat. § 13-920(2) — 2 cases
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003).
“See Neb. Rev. Stat. § 13-920 (1) (Reissue 1997).”
— Neb. Rev. Stat. § 13-920(3) — 1 case
Gatewood v. Powell, 511 N.W.2d 159 (Neb. Ct. App. 1993).
“Lawsuits based on acts occurring after May 13,1987, are controlled by Neb. Rev. Stat. § 13-920 (Reissue 1991), which requires that a claim be filed within 1 year and which contains an explicit 2-year statute of limitations for bringing a lawsuit, § 13-920(3).”
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