Franklin v. City of Omaha

The district court for Douglas County sustained the motion of defendant, City of Omaha, for summary judgment and dismissed the plaintiff’s petition. Plaintiff, Flynn Franklin, appeals. We reverse.

At issue in this case is the adequacy of the notice of claim under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 13-901 to 13-926 (Reissue 1987) (formerly §§ 23-2401 etseq.).

Section 13-905 provides in part, “All such claims shall be in writing and shall set forth the time and place of the occurrence giving rise to the claim and such other facts pertinent to the claim as are known to…