Millman v. County of Butler

This is an action for wrongful death brought under the Political Subdivisions Tort Claims Act against the defendant, County of Butler, Nebraska, by the plaintiff, J.T. Millman, personal representative of the estate of Christopher T. Duncan, deceased. In a prior appeal, we held that the action had been commenced within the time prescribed in Neb. Rev. Stat. § 13-919 (Reissue 1991) and remanded the cause for trial upon the merits. See Millman v. County of Butler, 235 Neb. 915, 458 N.W.2d 207 (1990).

The record shows that on April 21, 1984, the deceased, Christopher T. Duncan, was a passenger in…