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PFEIL v. STATE

No. S-05-896.

727 N.W.2d 214 (2007)

273 Neb. 12

Christopher M. PFEIL, appellee, v. STATE of Nebraska, appellant.

Supreme Court of Nebraska.

February 2, 2007.

Attorney(s) appearing for the Case

Earl G. Greene III, of Pansing, Hogan, Ernst & Bachman, L.L.P., Omaha, for appellant.

Terry M. Anderson and Steven M. Lathrop, of Hauptman, O'Brien, Wolf & Lathrop, P.C., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

Christopher M. Pfeil was injured in an accident with a snowplow operated by an employee of the State of Nebraska. Pfeil brought suit under the State Tort Claims Act (Act), Neb.Rev.Stat. §§ 81-8,209 to 81-8,235 (Reissue 2003). The State alleged as an affirmative defense that Pfeil failed to comply with the presentment requirements of the Act. The crux of the State's argument is that the filing of Pfeil's suit in district...

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