"If the plaintiff presented to somebody that at least conceivably would qualify under the statute, there's nothing in the statute to point to to say 'you failed to do that,' right?," asked Presiding Justice Nels S. D. Peterson during oral arguments.
August 23, 2023 at 03:37 PM
6 minute read
Litigation Reporter
Attorneys on either side of a personal injury complaint dismissed against a county government, sheriff and deputy sheriff are divided about the statutory framework used to distinguish sheriff’s office employees from counties.
At issue is whether presentment laws apply to official-capacity claims against a county sheriff for negligent use of a covered motor vehicle and, if so, whether sending an ante litem notice to the county, as opposed to the sheriff directly, suffices.
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