81-8,213. Suit; final disposition by Risk Manager or State Claims Board required; exception.

No suit shall be permitted under the State Tort Claims Act unless the Risk Manager or State Claims Board has made final disposition of the claim, except that if the Risk Manager or board does not make final disposition of a claim within six months after the claim is made in writing and filed with the Risk Manager in the manner prescribed by the board, the claimant may, by notice in writing, withdraw the claim from consideration of the Risk Manager or board and begin suit under such act.

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Annotations

The 6-month filing extension in section 81-8,227 runs from the first date on which the claim could have been withdrawn under this section, not the date the claim is actually withdrawn. Komar v. State, 299 Neb. 301, 908 N.W.2d 610 (2018).

The final disposition 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).

A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within 2 years as provided in subsection (1) of section 81-8,227, has 6 months to file suit from the date the board gives written notice to the claimant as to the final disposition of the claim. Collins v. State, 264 Neb. 267, 646 N.W.2d 618 (2002).

A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within the 2-year statute of limitations, has 6 months from the first day on which the claim may be withdrawn from the claims board in which to begin suit. Coleman v. Chadron State College, 237 Neb. 491, 466 N.W.2d 526 (1991).