Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's grant of
summary judgment if the pleadings and admitted evidence show
that there is no genuine issue as to any material facts or as
to the ultimate inferences that may be drawn from the facts
and that the moving party is entitled to judgment as a matter
Estoppel: Equity: Appeal and Error. A claim
of equitable estoppel rests in equity, and in an appeal of an
equity action, an appellate court tries factual questions de
novo on the record and reaches a conclusion independent of
the findings of the trial court.
Statutes: Immunity: Waiver: Intent. Statutes
that purport to waive sovereign immunity must be clear in
their intent and are strictly construed in favor of the
sovereign and against the waiver.
Political Subdivisions Tort Claims Act:
Jurisdiction. While not a jurisdictional
prerequisite, the filing or presentment of a claim to the
appropriate political subdivision is a condition precedent to
commencement of a suit under the Political Subdivisions Tort
Estoppel. The doctrine of equitable estoppel
will not be invoked against a governmental entity except
under compelling circumstances where right and justice so
demand; in such cases, the doctrine is to be applied with
caution and only for the purpose of preventing manifest
Limitations of Actions: Political
Subdivisions. There is no duty on the part of a
political subdivision, or any other party, to inform an
adversary of the existence of a statute of limitations or
other nuances of the law.
Neb.App. 210] Appeal from the District Court for Douglas
County: Horacio J. Wheelock, Judge. Affirmed.
M. Muia, of Law Offices of Paul M. Muia, for appellant.
M. Kunhart and Jeffrey J. Blumel, of Dvorak Law Group,
L.L.C., and Kelsey M. Weiler, of Abrahams, Kaslow &
Cassman, L.L.P, for appellees.
Chief Judge, and Bishop and Arterburn, Judges.
Nyamatore appeals from an order of the district court which
granted summary judgment in favor of Barbara J. Schuerman and
Omaha Transit Authority (collectively OTA). On appeal,
Nyamatore argues the district court erred in granting summary
judgment in favor of OTA. She also asserts that the district
court erred in finding that equitable estoppel did not apply
in this matter. For the reasons set forth below, we affirm.
19, 2015, Nyamatore was a passenger on a bus owned and
operated by OTA. The bus was involved in an accident, and
Nyamatore suffered injuries as a result of the accident.
Nyamatore, through counsel, sent a letter of notice of claim
to Edith A. Simpson, the legal and human resources director
for OTA. The ...