Tort claims; filing; Risk Manager; Attorney General; duty; service of process.
All tort claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be made of all such claims and serve as a legal advisor to the Risk Manager and State Claims Board on all such claims. In any suit brought under the State Tort Claims Act, service of process shall be made in the manner provided for service of a summons in section 25-510.02.
Source:Laws 1969, c. 756, § 4, p. 2847; Laws 1972, LB 1334, § 5; Laws 1981, LB 273, § 17; Laws 1983, LB 447, § 98; Laws 1984, LB 1028, § 2; Laws 1988, LB 864, § 22; Laws 1989, LB 541, § 3; Laws 2008, LB821, § 3.
The filing requirement in this section is a condition precedent to the commencement of a suit, but not a jurisdictional prerequisite for the adjudication of a tort claim against the State. Cole v. Isherwood, 264 Neb. 985, 653 N.W.2d 821 (2002).
When the Legislature has waived the state's sovereign immunity as to a particular cause of action and has designated a person or official as the agent of the state upon whom summons may be served, that person or official validly may enter a voluntary appearance for the state, thereby waiving the issue of in personam jurisdiction. To the extent that Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939), conflicts with this holding, it is overruled. Pointer v. State, 219 Neb. 315, 363 N.W.2d 164 (1985).