13-903.
Terms, defined.
For purposes of the Political Subdivisions Tort Claims Act
and sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the context
otherwise requires:
(1) Political subdivision shall include villages, cities of
all classes, counties, school districts, learning
communities, public power districts, and all other units of local
government, including entities created pursuant to the Interlocal Cooperation
Act or Joint Public Agency Act. Political subdivision shall not be construed
to include any contractor with a political subdivision;
(2) Governing body shall mean the village board of a village,
the city council of a city, the board of commissioners or board of supervisors
of a county, the board of directors of a public power district, the governing
board or other governing body of an entity created pursuant to the Interlocal
Cooperation Act or Joint Public Agency Act, and any duly elected or appointed
body holding the power and authority to determine the appropriations and expenditures
of any other unit of local government;
(3) Employee of a political subdivision shall mean any one
or more officers or employees of the political subdivision or any agency of
the subdivision and shall include members of the governing body, duly appointed
members of boards or commissions when they are acting in their official capacity,
volunteer firefighters, and volunteer rescue squad personnel. Employee shall
not be construed to include any contractor with a political subdivision; and
(4) Tort claim shall mean any claim against a political subdivision
for money only on account of damage to or loss of property or on account of
personal injury or death, caused by the negligent or wrongful act or omission
of any employee of the political subdivision, while acting within the scope
of his or her office or employment, under circumstances in which the political
subdivision, if a private person, would be liable to the claimant for such
damage, loss, injury, or death but shall not include any claim accruing before
January 1, 1970.
Source:Laws 1969, c. 138, § 2, p. 628; Laws 1987, LB 258, § 4; R.S.Supp.,1987, § 23-2402; Laws 1991, LB 81, § 2; Laws 1996, LB 900, § 1019; Laws 1999, LB 87, § 55; Laws 2009, LB392, § 3.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
Annotations
Volunteer firefighters employed by a nonprofit corporation are employees of a political subdivision under subsection (3) of this section. Hatcher v. Bellevue Vol. Fire Dept., 262 Neb. 23, 628 N.W.2d 685 (2001).
The definition of "governing body" under the Political Subdivisions Tort Claims Act does not include an insurance carrier for the political subdivision. Davis v. Town of Clatonia, 231 Neb. 814, 438 N.W.2d 479 (1989).
A contract action does not involve a tort claim, as defined in this section, and thus is not subject to the provisions of the Political Subdivisions Tort Claims Act. Employers Reins. Corp. v. Santee Pub. Sch. Dist. No. C-5, 231 Neb. 744, 438 N.W.2d 124 (1989).
The Political Subdivisions Tort Claims Act eliminates the need for the doctrine by which a claimant is required to prove that the negligent act was committed by the municipal employee in furtherance of a private duty owed to the claimant. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).
The liability of a political subdivision under the Political Subdivisions Tort Claims Act is not absolute, but rather such liability as would exist in a private person without such immunity. Koepf v. County of York, 198 Neb. 67, 251 N.W.2d 866 (1977).
A county board of equalization is not a political subdivision "other than a county," and service upon a county board of equalization must be accomplished pursuant to the requirements of subsection (2) of section 25-510.02 governing service upon a county, rather than subsection (3), governing service upon a political subdivision of this state other than a county. Hilt v. Douglas Cty. Bd. of Equal., 30 Neb. App. 425, 970 N.W.2d 113 (2021).
Loss of employment does not qualify as a loss of property under the Political Subdivisions Tort Claims Act. Craw v. City of Lincoln, 24 Neb. App. 788, 899 N.W.2d 915 (2017).