State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-8_210

81-8,210. Terms, defined.For purposes of the State Tort Claims Act:(1) State agency includes all departments, agencies, boards,bureaus, and commissions of the State of Nebraska and corporations the primaryfunction of which is to act as, and while acting as, instrumentalities oragencies of the State of Nebraska but shall not include corporations thatare essentially private corporations or entities created pursuant to the InterlocalCooperation Act or the Joint Public Agency Act. State agency does not includeany contractor with the State of Nebraska;(2) State Claims Board means the board created by section 81-8,220;(3) Employee of the state means any one or more officers oremployees of the state or any state agency and shall include duly appointedmembers of boards or commissions when they are acting in their official capacity.State employee does not include any employee of an entity created pursuantto the Interlocal Cooperation Act or the Joint Public Agency Act or any contractorwith the State of Nebraska;(4) Tort claim means any claim against the State of Nebraskafor money only on account of damage to or loss of property or on account ofpersonal injury or death caused by the negligent or wrongful act or omissionof any employee of the state, while acting within the scope of his or heroffice or employment, under circumstances in which the state, if a privateperson, would be liable to the claimant for such damage, loss, injury, ordeath but does not include any claim accruing before January 1, 1970, any claim against an employeeof the state for money only on account of damage to or loss of property oron account of personal injury or death caused by the negligent or wrongfulact or omission of the employee while acting within the scope of his or heremployment occurring on or after August 25, 1989, and any claim allowed under the Nebraska Claims for WrongfulConviction and Imprisonment Act;(5) Award means any amount determined by the Risk Manageror State Claims Board to be payable to a claimant under section 81-8,211 orthe amount of any compromise or settlement under section 81-8,218; and(6) Risk Manager means the Risk Manager appointed under section 81-8,239.01. SourceLaws 1969, c. 756, § 2, p. 2845; Laws 1988, LB 864, § 20; Laws 1989, LB 541, § 2; Laws 1991, LB 81, § 6; Laws 1999, LB 87, § 92; Laws 2008, LB821, § 1; Laws 2009, LB260, § 10. Cross ReferencesInterlocal Cooperation Act, see section 13-801.Joint Public Agency Act, see section 13-2501.Nebraska Claims for Wrongful Conviction and Imprisonment Act, see section 29-4601. AnnotationsPursuant to subsection (1) of this section, for purposes of filing a claim against a mental health board or its members, the boards of mental health in Nebraska are state agencies within the meaning of the State Tort Claims Act. Zimmerman v. Douglas Cty. Hosp., 252 Neb. 583, 563 N.W.2d 349 (1997).A claim for remuneration for services rendered pursuant to a contract is not a "tort claim" as defined in this section. Plaintiff's claim was therefore not subject to the exclusive jurisdiction of the tort claims board. L. J. Vontz Constr. Co. v. State, 230 Neb. 377, 432 N.W.2d 7 (1988).The State Tort Claims Act provides for liability of the state the same as a private person under like circumstances. Cortes v. State, 191 Neb. 795, 218 N.W.2d 214 (1974).Claims for injunctive relief need not be brought under the Tort Claims Act. Czarnick v. Loup River P.P. Dist., 190 Neb. 521, 209 N.W.2d 595 (1973).