S-19-0913 Great Northern Ins. Co. v. Transit Authority of City of Omaha (Appellant).
Douglas County District Court, Hon. Thomas A. Otepka
Attorneys: Samuel R. O’Neill, Robert M. Schartz (Abrahams Kaslow & Cassman, LLP, for Appellant); Matthew D. Hammes (Locher Pavelka Dostal Braddy & Hammes), Cheri MacArthur (Cozen O’Connor) Attorneys for Appellee/Cross-Appellant
Civil: Subrogation; Nebraska Political Subdivisions Tort Claims Act
Proceedings Below: The district court ruled that Appellant’s notice was not sent to an authorized recipient under the Act. The district court made factual findings and properly found that Metro should be equitably estopped from claiming as a defense that Great Northern failed to serve the appropriate person due to Metro’s legal representative’s confirmation of receipt of the Notice. The district court denied Metro’s motion.
Issues on Appeal: Whether the trial court erred 1) in finding that equitable estoppel bars summary judgment in favor of Metro; and 2) by not finding that the content of Great Northern’s purported claim letter was insufficient to satisfy the requirements of a written claim under Neb. Rev. Stat. § 13-905.
Issues on Cross-Appeal: Whether 1) the court erred in determining that Great Northern did not provide statutory notice of its claim to the proper party; 2) the court should extend the doctrine of substantial compliance when the entity received actual notice; 3) Great Northern should be provided the opportunity to conduct discovery.