Komar v. State, A-16-127

Stacey L. Komar alleged state employees improperly accessed her medical records on dates in 2012–2013 and filed an administrative claim with the State Claims Board on June 27, 2014.
Komar discovered the first alleged unlawful access on January 15, 2013 (the court-accepted accrual date).
The State Tort Claims Act requires administrative presentation within 2 years of accrual and permits withdrawal and suit if the board does not act within 6 months.
Komar withdrew her claim from the Board on July 14, 2015 and filed suit in district court on July 15, 2015.
The district court dismissed the complaint as time barred; Komar appealed contending the deadline was miscomputed and that the State should be estopped from asserting the limitations defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did the 6‑month extension to file suit begin under §§ 81‑8,213 and 81‑8,227(1)?	Komar argued the extension should run from her actual withdrawal (July 14, 2015).	The State argued the extension runs from the first date she could have withdrawn (so withdrawal before the 2‑year cutoff controls).	Court held extension runs from the date the claimant could have withdrawn the administrative claim (Komar’s deadline was June 28, 2015), so her July 15, 2015 suit was untimely.
Whether the State is estopped from asserting the statute of limitations due to Board delay	Komar argued Board delay caused her to withdraw and the State should be estopped from asserting the defense.	The State contended there was no conduct creating reasonable reliance or inducement to delay withdrawal; Komar could have waited for a Board decision.	Court rejected estoppel: no false representation or inducement by the State; Komar’s decision to withdraw caused the delay.

Hullinger v. Board of Regents, 249 Neb. 868 (1996) (interpreting interplay of administrative presentation and the 6‑month extension; extension measured from first date claim could be withdrawn)
Collins v. State, 264 Neb. 267 (2002) (limits Hullinger where the board actually decides a claim; then extension runs from mailing of denial)
Coleman v. Chadron State College, 237 Neb. 491 (1991) (statutory requirement that claims be filed within 2 years applies to filing with the Board and to lawsuits)
Geddes v. York County, 273 Neb. 271 (2007) (cautions strict construction of the State Tort Claims Act against waiver of sovereign immunity)
Nebuda v. Dodge Cty. Sch. Dist. 0062, 290 Neb. 740 (2015) (legislative acquiescence presumed where statute interpretation remains unchanged)