81-8,210. Terms, defined.

For purposes of the State Tort Claims Act:

(1) State agency includes all departments, agencies, boards, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while acting as, instrumentalities or agencies of the State of Nebraska but shall not include corporations that are essentially private corporations or entities created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. State agency does not include any contractor with the State of Nebraska;

(2) State Claims Board means the board created by section 81-8,220;

(3) Employee of the state means any one or more officers or employees of the state or any state agency and shall include duly appointed members of boards or commissions when they are acting in their official capacity. State employee does not include any employee of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act or any contractor with the State of Nebraska;

(4) Tort claim means any claim against the State of Nebraska 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 state, while acting within the scope of his or her office or employment, under circumstances in which the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death but does not include any claim accruing before January 1, 1970, any claim against an employee of the state 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 the employee while acting within the scope of his or her employment occurring on or after August 25, 1989, and any claim allowed under the Nebraska Claims for Wrongful Conviction and Imprisonment Act;

(5) Award means any amount determined by the Risk Manager or State Claims Board to be payable to a claimant under section 81-8,211 or the amount of any compromise or settlement under section 81-8,218; and

(6) Risk Manager means the Risk Manager appointed under section 81-8,239.01.

Source

Cross References

Annotations

The Public Service Commission is a state agency for purposes of the State Tort Claims Act, and as a result, the provisions of the act are applicable in tort suits against the commission. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

Under subsection (4) of this section, state officers and employees acting within the scope of their offices or employment can be sued for tortious conduct only in their official capacities. Davis v. State, 297 Neb. 955, 902 N.W.2d 165 (2017).

Pursuant to subsection (1) of this section, for purposes of filing a claim against a mental health board or its members, the boards of mental health in Nebraska are state agencies within the meaning of the State Tort Claims Act. Zimmerman v. Douglas Cty. Hosp., 252 Neb. 583, 563 N.W.2d 349 (1997).

A claim for remuneration for services rendered pursuant to a contract is not a "tort claim" as defined in this section. Plaintiff's claim was therefore not subject to the exclusive jurisdiction of the tort claims board. L. J. Vontz Constr. Co. v. State, 230 Neb. 377, 432 N.W.2d 7 (1988).

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).

Claims for injunctive relief need not be brought under the Tort Claims Act. Czarnick v. Loup River P.P. Dist., 190 Neb. 521, 209 N.W.2d 595 (1973).