A-17-0039, Casandra R. Hedglin (Appellant) v. Jerry A. Esch, individually and in his representative capacity, and the City of Hastings, Nebraska, a Nebraska political subdivision
Adams County, District Court Judge Steven R. Illingsworth
Attorney for Appellant: Kevin K. Knake (Johnson Law Office L.L.C.)
Attorney for Appellee: Jeffrey J. Blumel, Ryan M. Kunhart (Abrahams Kaslow & Cassman LLP)
Civil Action: Political Subdivision Tort Claims Act
Action Taken by Trial Court: The district court granted the defendants’ motion to dismiss for failure to state a claim.
Assignments of Error on Appeal: Hedglin assigns that the district court erred in (1) finding that the Political Subdivision Tort Claims Act applied to her causes of action alleging defamation and false light and finding that they were barred by her failure to comply with the requirements of Neb. Rev. Stat. § 13-906 and (2) failing to determine that the pleadings did not raise genuine issues of fact and did not bar her recovery.
A-17-0039, Casandra R. Hedglin (Appellant) v. Jerry A. Esch, individually and in his representative capacity, and the City of Hastings, Nebraska, a Nebraska political subdivision
Adams County, District Court Judge Steven R. Illingsworth
Attorney for Appellant: Kevin K. Knake (Johnson Law Office L.L.C.)
Attorney for Appellee: Jeffrey J. Blumel, Ryan M. Kunhart (Abrahams Kaslow & Cassman LLP)
Background: On May 25, 2016, the City of Hastings, Nebraska (the City) received a notification of claim under the Political Subdivisions Tort Claims Act (PSTCA). The notification stated that Casandra R. Hedglin was making a claim against the City for the personal injury, mental anguish, and humiliation she suffered due to the actions of Jerry A. Esch, who was acting in the scope of his employment as a Hastings police officer.
On June 9, 2016, Hedglin filed the present action in the Adams County District Court. Her complaint alleged a cause of action for “defamation: false light/invasion of privacy” and contained allegations that were essentially the same as those raised in her tort claim. The City had not made a final disposition of the tort claim prior to Hedglin filing her complaint.
In response to the complaint, the City and Esch filed a motion to dismiss pursuant to Neb. Ct. R. Pldg. § 6-1112(b)(6). The motion asserted that the complaint failed to state a claim upon which relief could be granted, because Hedglin failed to comply with the provisions of the PSTCA, specifically, § 13-906, and therefore, the lawsuit was premature and not permitted by the PSTCA.
Under § 13-906 of the PSTCA, a claimant must file a tort claim with the governing body of the political subdivision before filing suit. If the governing body has not made final disposition of the claim within 6 months after it is filed, the claimant may withdraw the claim and file suit. If, however, the claim is withdrawn before expiration of the 6-month time period specified in § 13-906, the result is the failure of a condition precedent to the filing of a lawsuit under the PSTCA. After holding a hearing on the motion to dismiss, the district court agreed with the City and Esch and dismissed the complaint. Hedglin has now appealed that decision to this court.
Assignments of Error on Appeal: Hedglin assigns that the district court erred in (1) finding that the Political Subdivision Tort Claims Act applied to her causes of action alleging defamation and false light and finding that they were barred by her failure to comply with the requirements of Neb. Rev. Stat. § 13-906 and (2) failing to determine that the pleadings did not raise genuine issues of fact and did not bar her recovery.