S-16-0127 Stacey L. Komar (Appellant) v. State of Nebraska, the Board of Regents of the University of Nebraska, and Nebraska Medicine (Appellees)
Douglas County, Judge W. Russell Bowie
Attorneys: Denise E. Frost (Johnson & Mock PCLLO) (Appellant) --- Brien M. Welch, John A. McWilliams (Cassem Tierney Adams Gotch & Douglas) for Appellees
Civil: State Tort Claims Act, action for damages
Proceedings below: The trial court granted Appellees’ motion to dismiss for failure to state a claim and further finding Appellant’s complaint was time barred. The Court of Appeals affirmed. See Komar v. State, 24 Neb. App. 692 (2017). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: 1. The Court of Appeals erred in concluding that Komar’s complaint was time barred. 2. The Court of Appeals misconstrued the plain terms of § 81-8,213 that a claimant may withdraw her claim from the Board after six months, to mean that the claimant must withdraw the claim immediately after six months if the statute of limitations would otherwise expire. 3. The Court of Appeals violated the plain terms of § 81-8,227(1) by refusing to afford Komar six months to file her claim in court after withdrawing it from the Board.