45-103.04. Prejudgment interest; exceptions.

193 words·~1 min read·/ne/chapter-45/45-103-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Interest as provided in section 45-103.02 shall not accrue prior to the date of entry of judgment for:

(1)Any action arising under Chapter 42; or

(2)Any action involving the state, a political subdivision of the state, or any employee of the state or any of its political subdivisions for any negligent or wrongful act or omission accruing within the scope of such employee's office or employment.

This section does not limit a court's equitable powers to order a party to pay interest. Becher v. Becher, 311 Neb. 1, 970 N.W.2d 472 (2022).

Subsection

(2)of this section prohibits prejudgment interest for

(1)any action involving the state,

(2)any action involving a political subdivision of the state, or

(3)any action involving an employee of the state or political subdivision for any negligent or wrongful act or omission accruing within the scope of such employee's office or employment. Eikmeier v. City of Omaha, 280 Neb. 173, 783 N.W.2d 795 (2010).

Claims against political subdivisions which accrued on or after January 1, 1987, are not subject to prejudgment interest. Hammond v. City of Broken Bow, 239 Neb. 437, 476 N.W.2d 822 (1991).