Komar v. State
299 Neb. 301
Neb.2018Background
- On January 15, 2013, Komar learned a State employee accessed her medical records without permission (cause of action accrued that day).
- Komar presented a written tort claim to the State Risk Manager on June 27, 2014 (≈17 months after accrual, within the 2-year STCA deadline).
- The claim remained pending before the State Claims Board; § 81-8,213 bars withdrawal for 6 months after filing.
- Komar withdrew her claim on July 14, 2015 and filed suit the next day in district court (July 15, 2015).
- The district court dismissed the suit as time barred under Neb. Rev. Stat. § 81-8,227(1); the Court of Appeals affirmed. The Nebraska Supreme Court granted further review.
- The central question: how to compute the 6-month extension in § 81-8,227(1) when a claimant files a claim late in the 2-year period and later withdraws it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 6-month extension under § 81-8,227(1) runs from the date a claimant actually withdraws the claim or from the first date the claimant could have withdrawn under § 81-8,213 | Komar: the 6-month extension should run from the actual withdrawal date, so filing the day after withdrawal is timely | State: the extension runs from the first date the claimant could have withdrawn (per Coleman/Hullinger); Komar’s filing was late | Held: Extension runs from the first date the claim could have been withdrawn; Komar’s suit was time barred |
| Whether Coleman and Hullinger should be overruled to allow an extension from actual withdrawal date | Komar: ask court to overrule those precedents and adopt a withdrawal-date rule | State: retain existing precedents to prevent unlimited extension and protect sovereign immunity | Held: Court reaffirmed Coleman/Hullinger and declined to overrule; allowing withdrawal-date rule would improperly extend limitations |
Key Cases Cited
- Coleman v. Chadron State College, 237 Neb. 491 (interpreting § 81-8,227 and holding fourth-quarter claimants get 6 months from first date claim could be withdrawn)
- Hullinger v. Board of Regents, 249 Neb. 868 (applying Coleman; rejecting rule that would permit extension from actual withdrawal long after repose)
- Collins v. State, 264 Neb. 267 (distinguishing claims decided by board: where board decides, 6 months runs from mailing of final disposition)
- Sharkey v. Board of Regents, 260 Neb. 166 (holding suit filed within 2 years was timely; Coleman rule is an extension, not a separate limitation)