Nebraska Revised Statute 81-8,215
Liability of state.
In all suits brought under the State Tort Claims Act, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue, and the disposition of or offer to settle any claim made under such act shall not be competent evidence of liability of the state or any employee of the state or the amount of damages.
- Laws 1969, c. 756, § 7, p. 2847;
- Laws 1988, LB 864, § 25;
- Laws 1989, LB 541, § 4.
Statutes that purport to waive the State's sovereign immunity must be clear in their intent. They are strictly construed in favor of the sovereign and against the waiver. Woollen v. State, 256 Neb. 865, 593 N.W.2d 729 (1999).
The State Tort Claims Act requires that actions of this nature be heard without a jury but otherwise determined in the same manner as other suits. The action is similar to a law action in which a jury has been waived and is governed by the same rules. Saporta v. State, 220 Neb. 142, 368 N.W.2d 783 (1985).
Demurrers were properly sustained to petitions alleging negligence by state cancer research institute in hiring a paroled felon, in failing to control his access to a poisonous drug, in failing to maintain an inventory of the drug, and in exposing him to information about past criminal use of the drug, because such allegations did not allow conclusion that the negligent acts were the proximate cause of the employee's use of stolen quantities of the drug to poison plaintiffs' decedents, where it is not alleged that the institute should have realized the likelihood of the employee's criminal acts. Shelton v. Board of Regents, 211 Neb. 820, 320 N.W.2d 748 (1982).
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).