Great Northern Insurance Co. v. Transit Authority of Omaha
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The Supreme Court reversed the decision of the court of appeals dismissing Metro Area Transit's (Metro) appeal of the district court's denial of his motion for summary judgment based on sovereign immunity, holding that the court of appeals had jurisdiction pursuant to Neb. Rev. Stat. 25-1902.
The underlying claim was a subrogation action in which Great Northern Insurance Company sought compensation from Metro under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. 13-901 et seq. Metro moved for summary judgment based on sovereign immunity. The district court denied the motion, and Metro appealed. The court of appeals dismissed the appeal, concluding that it lacked jurisdiction because the denial of a motion for summary judgment is interlocutory and not a final order. At issue was the amendment of Neb. Rev. Stat. 25-1902, which added denials of summary judgment based on a claim of sovereign immunity to the definition of a final order. The statute was amended after the order denying summary judgment was entered but before the thirty-day period to file a timely appeal expired and before Metro filed its notice of appeal. The Supreme Court granted Metro's petition for further review and reversed, holding that the court of appeals had jurisdiction pursuant to the newly amended section 25-1902.
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