Saylor v. State, 936 N.W.2d 924

James Saylor, a DCS inmate, filed an STCA claim on September 14, 2012 alleging negligent denial of medical care; the State Claims Board denied the claim by letter dated October 19, 2012.
Under Neb. Rev. Stat. § 81-8,227, a claimant must submit a written claim within 2 years of accrual and generally must file suit within 6 months after a denial or after withdrawal; § 81-8,227(5) states that §§ 81-8,227 and 25-213 are the only statutes of limitations applicable to the STCA.
Saylor filed a lawsuit in state court on May 30, 2017 asserting the same negligence claims (and § 1983 claims initially); that suit was removed to federal court, amended to drop § 1983 claims, and remanded to state court in April 2018.
The State moved to dismiss (converted to summary judgment), arguing Saylor’s STCA claims were time barred because his suit was filed more than 6 months after the October 19, 2012 denial.
Saylor argued the savings clause in Neb. Rev. Stat. § 25-201.01 extended his filing time; the district court rejected that argument and dismissed the STCA claims with prejudice; Saylor appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the savings clause in § 25-201.01 (the "savings clause") can extend the time to sue under the STCA	Saylor: § 25-201.01 is a savings clause, not a statute of limitations, so § 81-8,227(5) does not preclude its application to revive his action	State/DCS: § 81-8,227(5) plainly limits applicable statutes of limitations to §§ 81-8,227 and 25-213, so § 25-201.01 cannot be applied to STCA claims	Held: § 25-201.01 does not apply; § 81-8,227(5) bars applying any other limitations/savings provision to STCA claims
Whether Saylor’s STCA claims were timely filed under the STCA after denial by the State Claims Board	Saylor: timeline of prior filings and dismissals triggers the savings clause, so his 2017 suit is timely	State/DCS: even with prior filings, no provision beyond §§ 81-8,227 and 25-213 extends the STCA filing period	Held: Saylor’s suit was filed more than 6 months after denial and no listed extension applies; claims are time barred

Komar v. State, 299 Neb. 301, 908 N.W.2d 610 (2018) (STCA governs tort claims against the State)
Larsen v. 401 Main Street, 302 Neb. 454, 923 N.W.2d 710 (2019) (summary judgment standards explained)
Patterson v. Metropolitan Util. Dist., 302 Neb. 442, 923 N.W.2d 717 (2019) (statutory interpretation standard of review)
JB & Associates v. Nebraska Cancer Coalition, 303 Neb. 855, 932 N.W.2d 71 (2019) (plain-meaning rules for statutory interpretation)
SID No. 1 v. Adamy, 289 Neb. 913, 858 N.W.2d 168 (2015) (suits waiving sovereign immunity construed strictly)
Woodmen of the World v. Nebraska Dept. of Rev., 299 Neb. 43, 907 N.W.2d 1 (2018) (appellate courts need not decide unnecessary issues)