Summary
The Nebraska Supreme Court affirmed dismissal with prejudice of Beverly Patterson’s negligence claim against Metropolitan Utilities District as barred by the Political Subdivisions Tort Claims Act’s two-year limitations period. The court held that the six-month extension applies only when the political subdivision acts on the claim within the two-year period but fewer than six months remain, or when the claimant withdraws the claim within that period under the applicable circumstances. The court declined to apply the Nebraska State Tort Claims Act’s different interpretation of a similar extension provision.
Topics
Practice areas
Questions Presented
- Whether Neb. Rev. Stat. § 13-919(1) extends the two-year period for filing a Political Subdivisions Tort Claims Act action when the political subdivision denies the claim after the two-year period has expired.
- Whether Patterson's failure to withdraw her claim before expiration of the two-year period prevented her from invoking the six-month extension.
- Whether the State Tort Claims Act's timing provision should control the interpretation of the materially similar Political Subdivisions Tort Claims Act provision.
Holdings
- Neb. Rev. Stat. § 13-919(1) does not extend the two-year limitation period when the political subdivision takes final action after the two-year period has expired. The six-month extension applies only when the statutory triggering event occurs before the two-year period expires and the time to file suit would otherwise expire during the six-month period.
- Patterson's action was barred because MUD denied her claim after the two-year period expired and Patterson did not withdraw the claim within the two-year period.
- The court declined to import its interpretation of the State Tort Claims Act's timing provision into the Political Subdivisions Tort Claims Act because the statutes form separate legislative acts and have materially different timing structures.
Key quotations
“There are only two exceptions which extend the 2-year limitation for filing suit by 6 months under § 13-919(1): (1) where the governmental subdivision takes some action on the claim before the 2 years have expired but at a time when less than 6 months remain for filing suit and (2) if the claimant withdraws the claim within the 2-year period but at a time when less than 6 months to file suit remain.” (452-453)
Factual background
On June 30, 2015, Beverly Patterson stepped onto a manhole cover in a road verge in Omaha, Nebraska, and fell when the cover slipped, injuring her ankle and knee. She alleged that an MUD employee had removed the cover for meter-reading purposes and failed to secure it properly. Patterson filed a written tort claim with MUD on July 17, 2015, but did not withdraw it before the two-year period for filing suit expired on June 30, 2017. MUD denied the claim on September 13, 2017, and Patterson filed suit on November 3, 2017.
Procedural history
Patterson alleged that she was injured when a manhole cover slipped while she stepped onto it and filed a tort claim with the Metropolitan Utilities District on July 17, 2015. MUD denied the claim on September 13, 2017, and Patterson filed suit on November 3, 2017. The Douglas County District Court granted MUD's motion to dismiss with prejudice, concluding that the action was time barred under Neb. Rev. Stat. § 13-919(1). The Nebraska Supreme Court affirmed.