Nyamatore v. Schuerman

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Nyamatore v. Schuerman

Case Number
Court Number
Call Date
September 13, 2017
Case Time
9:00 AM
Case Summary

A-16-0881, Eunice Nyamatore (Appellant) v. Barbara J. Schuerman and Omaha Transit Authority a/k/a Transit Authority of Omaha d/b/a Metro Area Transit

Douglas County, District Court Judge Horacio Wheelock

Attorney for Appellant:  Paul Muia (Law Offices of Paul Muia, Esq.)

Attorney for Appellees:  Ryan M. Kunhart, Jeffrey J. Blumel (Abrahams Kaslow and Cassman LLP)

Action:  Tort

Action Taken by Trial Court:  The district court granted Appellee’s motion for summary judgment.

Assignments of Error on Appeal:  Appellant argues the district court erred in granting Appellee’s motion for summary judgment based on Appellee’s affirmative defense that her claim did not meet the requirements of the Nebraska Political Subdivision Tort Claims Act. Appellant was injured riding a metro bus and sent her notice of claim letter to Appellee’s legal director. The district court granted Appellee’s motion for summary judgment based on noncompliance with the NPSTCA because the legal director was not a “clerk, secretary, or other official whose duty was to maintain official records.”

Case Location
Court Type
District Court
Panel Text
Moore, Chief Judge, Bishop, and Arterburn, Judges