Patterson v. Metropolitan Util. Dist.
302 Neb. 442
Neb.
2019

Background

  • On June 30, 2015, Beverly Patterson fell into a manhole in Omaha after a manhole cover slipped; she alleges MUD employee negligence in failing to secure the cover.
  • Patterson filed a written tort claim with Metropolitan Utilities District (MUD) on July 17, 2015, submitted demand letters in 2016 and 2017, and MUD denied the claim on September 13, 2017.
  • Patterson sued in district court on November 3, 2017, asserting negligence under the Political Subdivisions Tort Claims Act (PSTCA).
  • MUD moved to dismiss under PSTCA statute of limitations, arguing Patterson’s suit was filed after the 2-year limitations period and she did not satisfy the statutory conditions for a 6-month extension.
  • The district court granted dismissal with prejudice; Patterson appealed, arguing the 6-month extension in Neb. Rev. Stat. § 13-919(1) applied because MUD’s denial was mailed after the 2-year accrual cutoff.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether § 13-919(1)’s 6-month extension applies when governing body denies claim after the 2-year suit period has expired Patterson: the 6-month extension runs from mailing of final disposition even if denial occurs after the 2-year period, giving her until March 13, 2018 MUD: the 6-month extension only applies if governing body acts or claimant withdraws within the 2-year window (or when less than 6 months remain) Held: Affirmed MUD; extension does not apply when final disposition occurs after the 2-year limitations period; Patterson’s suit was time-barred

Key Cases Cited

  • Ragland v. Norris P. P. Dist., 208 Neb. 492 (1981) (holds the 6-month extension under PSTCA applies only if governmental action or claimant withdrawal occurs within the 2-year limits or when less than 6 months remain)
  • Collins v. State, 264 Neb. 267 (2002) (interprets analogous 6-month extension under the State Tort Claims Act to allow extension when claimant awaits final disposition)
  • Keller v. Tavarone, 265 Neb. 236 (2003) (explains notice purpose under claims statutes)
  • Komar v. State, 299 Neb. 301 (2018) (discusses interpretation of STCA timing provisions)
  • Geddes v. York County, 273 Neb. 271 (2007) (reiterates strict construction of statutes waiving sovereign immunity)
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