NESCT throws out Housing Authority lawsuit and worker comp appeal

NESCT throws out a premises negligence lawsuit against the Omaha Housing Authority on statute of limitations grounds and a worker compensation appeal for failing to preserve claimed errors for appeal. Harris v. Omaha Housing Auth., S-04-555, 269 Neb. 981 the plainitff filed a negligence lawsuit outside the 2 year limitation period for political subdivision tort claims (13-901 RRS Neb.et seq), even though the Legislature specifically added housing authorities as entities subject to the political subdivision tort claim act after the accident occurred. 71-1553 RRS Neb. repealed 1999. Before the statute's amendment, a special tort claim procedure and claim period applied to housing authorities. Housing Authority won a 12b6 motion to dismiss which the NESCT upheld, finding the Plaintiff had taken an unreasonable time, over one year to react to the 2 year statute upon its effective date (13-919 RRS NEb.). Finally the Court held that the "discretionary function", "snow-ice", and Housing Authority insurance exceptions to the Political Subdivision Tort Claim Act, 13-910, functioned as sovereign immunity defenses and not exceptions to the application of the PSTCA limited waiver of sovereign immunity. Dietz v. Yellow Freight Sys., S-04-1078, 269 Neb. 990, the Plainitff failed to allege error in the worker compensation trial's courts awarding interest on the total award under 48-125(2), to the review panel, waiving any appeal on this issue to the Supreme Court. Neb. Rev. Stat. § 48-179 (Reissue 2004) and Workers’ Comp. Ct. R. of Proc. 12 (2004) {error not claimed on application for review are waived}.