Wise v. Omaha Public Schools

Gary Wise filed this action against Omaha Public Schools (OPS) and Richard E. Kelley. Wise alleged that Kelley, while driving an OPS van in the course and scope of his employment with OPS, “skidded on the rain-slick street surface” and collided with a vehicle operated by Wise. Kelley and OPS moved to dismiss the action for failure to state a claim upon which relief could be granted due to Wise’s failure to allege compliance with provisions of the Political Subdivisions Tort Claims Act (PSTCA), Neb. Rev. Stat. §§ 13-901 to 13-926 (Reissue 1997 & Cum. Supp. 2002). Alternatively, Kelley and OPS…