State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-8_227

81-8,227. Tort claim;limitation of action.(1) Except as provided in subsection (2) of this section, every tort claim permittedunder the State Tort Claims Act shall be forever barred unless within twoyears after such claim accrued the claim is made in writing to the Risk Managerin the manner provided by such act. The time to begin suit under such actshall be extended for a period of six months from the date of mailing of noticeto the claimant by the Risk Manager or State Claims Board as to the finaldisposition of the claim or from the date of withdrawal of the claim undersection 81-8,213 if the time to begin suit would otherwise expire before theend of such period.(2) The dateof a qualifying pardon from the Board of Pardons, a final order by a courtvacating a conviction, or a conviction that was reversed and remanded fora new trial and no subsequent conviction was obtained, whichever is later,shall be the date the claimant's claim shall accrue under the Nebraska Claimsfor Wrongful Conviction and Imprisonment Act for purposes of complying withthe notice and filing requirements of the State Tort Claims Act. The NebraskaClaims for Wrongful Conviction and Imprisonment Act applies to a claimantwho would have had a claim if the act had been in effect before August 30,2009, or who has a claim on or after such date. If a claimant had a qualifyingpardon from the Board of Pardons, a final order by a court vacating a conviction,or a conviction that was reversed and remanded for a new trial and no subsequentconviction was obtained, before August 30, 2009, the claimant's claim shallaccrue under the Nebraska Claims for Wrongful Conviction and ImprisonmentAct on August 30, 2009, for purposes of complying with the notice and filingrequirements of the State Tort Claims Act.(3) If a claim is made orfiled under any other law of this state and a determination is made by a stateagency or court that the State Tort Claims Act provides the exclusive remedyfor the claim, the time to make a claim and begin suit under such act shallbe extended for a period of six months from the date of the court order makingsuch determination or the date of mailing of notice to the claimant of suchdetermination by a state agency if the time to make the claim and to beginsuit under such act would otherwise expire before the end of such period.The time to begin a suit under such act may be further extended as providedin subsection (1) of this section.(4) If a claim is broughtunder the Nebraska Hospital-Medical Liability Act, the filing of a requestfor review under section 44-2840 shall extend the time to begin suit underthe State Tort Claims Act an additional ninety days following the issuanceof the opinion by the medical review panel if the time to begin suit underthe State Tort Claims Act would otherwise expire before the end of such ninety-dayperiod.(5) This section and section 25-213 shall constitute the only statutes of limitations applicable to theState Tort Claims Act. SourceLaws 1969, c. 756, § 19, p. 2851; Laws 1974, LB 949, § 3; Laws 1984, LB 692, § 21; Laws 1988, LB 864, § 38; Laws 2008, LB821, § 7; Laws 2009, LB260, § 11. Cross ReferencesNebraska Claims for Wrongful Conviction and Imprisonment Act, see section 29-4601.Nebraska Hospital-Medical Liability Act, see section 44-2855. AnnotationsThe beneficence of the discovery rule is not bestowed on a potential plaintiff where the potential plaintiff in fact discovers, or in the exercise of reasonable diligence should have discovered, an injury within the initial period of limitations running from the wrongful act or omission. Carruth v. State, 271 Neb. 433, 712 N.W.2d 575 (2006).A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within 2 years as provided in subsection (1) of this section, has 6 months to file suit from the date the board gives written notice to the claimant as to the final disposition of the claim. Collins v. State, 264 Neb. 267, 646 N.W.2d 618 (2002).The discovery rule is applicable to the State Tort Claims Act, and in a case in which the plaintiff cannot reasonably become aware of the injury at the time of the act or omission, the discovery rule applies, and the period of limitations under the State Tort Claims Act begins to run when a potential plaintiff discovers, or in the exercise of reasonable diligence should discover, the existence of the injury. Shlien v. Board of Regents, 263 Neb. 465, 640 N.W.2d 643 (2002).The 6-month time period contained in subsection (1) of this section is an extension of time, not a limitation, in those instances where the claimant has filed a so-called fourth-quarter claim. A claimant who files a tort claim with the State Claims Board 18 months or more after his or her claim has accrued, but within the 2-year statute of limitations, has 6 months from the date of mailing of notice by the board as to the final disposition of the claim or from the date of withdrawal of the claim, in which to begin suit. Sharkey v. Board of Regents of Univ. of Neb., 260 Neb. 166, 615 N.W.2d 889 (2000).A claimant who files a tort claim with the risk manager of the State Claims Board 18 months or more after his or her claim has accrued, but within the 2-year statute of limitations, has 6 months from the first day on which the claim may be withdrawn from the claims board in which to begin suit. There is nothing in the State Tort Claims Act which contemplates the tolling of the limitations period or the granting of an extension of the limitations period because the claims board has set a date for hearing. Hullinger v. Board of Regents, 249 Neb. 868, 546 N.W.2d 779 (1996).The language "time to begin suit" as used in this section means 2 years. Coleman v. Chadron State College, 237 Neb. 491, 466 N.W.2d 526 (1991).