Casandra A. Hedglin, appellant,
Jerry A. Esch, individually and in his representative capacity. And the City of Hastings, Nebraska, a political corporation and a nebraska political subdivision, appellees.
Political Subdivisions Tort Claims Act: Judgments:
Appeal and Error. In actions brought pursuant to the
Political Subdivisions Tort Claims Act, the factual findings
of the trial court will not be disturbed on appeal unless
clearly wrong; however, questions of law are reviewed
independently of the decision reached by the court below.
Statutes: Appeal and Error. Statutory
interpretation presents a question of law. When reviewing
questions of law, an appellate court has an obligation to
resolve the questions independently of the conclusions
reached by the trial court.
Motions to Dismiss: Rules of the Supreme Court:
Summary Judgment: Pleadings. When matters outside
the pleading are presented by the parties and accepted by the
trial court with respect to a motion to dismiss under Neb.
Ct. R. Pldg. § 6-1112(b)(6), the motion shall be treated
as a motion for summary judgment and the parties shall be
given a reasonable opportunity to present all material made
pertinent to such a motion by statute.
Motions to Dismiss: Summary Judgment:
Notice. The purpose of providing notice that a
motion to dismiss has been converted to a motion for summary
judgment is to give the party sufficient opportunity to
discover and bring forward factual matters which may become
relevant in the summary judgment context, as distinct from
the dismissal context.
Political Subdivisions Tort Claims Act: Waiver:
Immunity. The Political Subdivisions Tort Claims Act
reflects a limited waiver of governmental immunity and
prescribes the procedure for maintenance of a suit against a
Neb.App. 307] 6. Political
Subdivisions Tort Claims Act. The Political
Subdivisions Tort Claims Act is the exclusive means by which
a tort claim may be maintained against a political
subdivision or its employees.
Statutes: Immunity: Waiver. Statutes that
purport to waive the protection of sovereign immunity of the
State or its subdivisions are strictly construed in favor of
the sovereign and against the waiver.
Political Subdivisions Tort Claims Act: Words and
Phrases. Personal injury, as used in the Political
Subdivisions Tort Claims Act, is defined broadly to include
every variety of injury to a person's body, feelings, or
Political Subdivisions Tort Claims Act: Municipal
Corporations: Notice. The primary purpose of Neb.
Rev. Stat. § 13-905 (Reissue 2012) is to afford
municipal authorities prompt notice of the accident and
injury in order that an investigation may be made while the
occurrence is still fresh and the municipal authorities are
in a position to intelligently consider the claim and to
allow it if deemed just or, in the alternative, to adequately
protect and defend the public interest.
Appeal and Error. An alleged error must be
both specifically assigned and specifically argued in the
brief of the party asserting the error to be considered by an
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
Actions: Political Subdivisions Tort Claims
Act. The Political Subdivisions Tort Claims Act
specifies various nonjudicial procedures which have been
characterized as conditions precedent to the filing of a
lawsuit, and a claimant's failure to follow these
procedures may be asserted as an affirmative defense in an
action brought under the act.
Political Subdivisions Tort Claims Act.
Under Neb. Rev. Stat. § 13-906 (Reissue 2012) of the
Political Subdivisions Tort Claims Act, a claimant must file
a tort claim with the governing body of the political
subdivision before filing suit.
Political Subdivisions Tort Claims Act:
Time. If the governing body of a political
subdivision has not made final disposition of the claim
within 6 months after it is filed, the claimant may withdraw
the claim and file suit.
Political Subdivisions Tort Claims Act: Notice:
Time. If a notice of a claim under the Political
Subdivisions Tort Claims Act is withdrawn before expiration
of the 6-month time period specified in Neb. Rev. Stat.
§ 13-906 (Reissue 2012), the result is the failure of a
condition precedent to the filing of a lawsuit under the act.
Neb.App. 308] 16. Political Subdivisions Tort Claims
Act: Time. Because compliance with the statutory
time limits set forth in Neb. Rev. Stat. § 13-906
(Reissue 2012) can be determined with precision, the doctrine
of substantial compliance has no application.
___: ___: The language of Neb. Rev. Stat. § 13-906
(Reissue 2012) explicitly provides that no suit can be
brought in district court unless 6 months have passed without