Geddes v. York County, 273 Neb. 271

Summary

The Nebraska Supreme Court held that a claimant under the Political Subdivisions Tort Claims Act must allow the governing body a full six months after filing the claim before withdrawing it and filing suit. Because Jane T. Schirmer withdrew her claim before expiration of the six-month period, she failed to satisfy a statutory condition precedent to suit. The court affirmed summary judgment and dismissal with prejudice in favor of York County.

Holdings

1. Nebraska's general time-computation rule, Neb. Rev. Stat. § 25-2221, applies to the six-month period in § 13-906; the filing date is excluded and the six-month period began on April 22, 2003, ending on October 21, 2003.
2. A claimant may not withdraw a Political Subdivisions Tort Claims Act claim until the six-month period has fully expired; withdrawal on the final day of that period is premature.
3. Failure to comply strictly with § 13-906 is a failure of a condition precedent to suit and may support dismissal on the political subdivision's properly asserted affirmative defense.

Questions Presented

1. Whether the six-month period in Neb. Rev. Stat. § 13-906 is calculated by excluding the date the tort claim is filed under Neb. Rev. Stat. § 25-2221.
2. Whether a claimant may withdraw a Political Subdivisions Tort Claims Act claim on the last day of the six-month period or must wait until that day has ended.
3. Whether Schirmer's withdrawal of her claim before the expiration of the six-month period failed to satisfy a condition precedent to suit.

Disposition

affirmed