Wednesday, February 28, 2007
Here's another Political Subdivision Tort Claims Act dismissal for the Nebraska Supreme Court to reverse. Amanda was a back set passenger in a stolen Lincoln sedan when its driver went off an embankment while fleeing the police, killing her. Nebraska court of appeals holds that backseat passenger in stolen automobile was not an innocent third party and so could not make a claim under the Nebraska Political Subdivision Tort Claim Act vehicular pursuit law 13-911. Jura v. City of Omaha, A-05-165, 15 Neb. App. 390. Although Amanda may not have known the Lincoln was stolen, although perhaps she should have, any passenger in a stolen vehicle counts as one the police seek to apprehend, for purposes of 13-911 RRS Neb.