S-24-0663 Brent Cyboron, as personal representative of the Estate of James Cyboron, Deceased, and Sandy Cyboron, Spouse (Appellants) v. Merrick County d/b/a Litzenberg Memorial County Long Term Care, et al. (Appellees)
Appeal from the District Court for Merrick County, Judge Rachel A. Daugherty
Attorneys: Shayla M. Reed (Reed Law Offices, PC, LLO for Appellants) and Michael W. Milone and Wendy A. Wussow (Koukal Johnson Schmit & Milone, LLC for Appellants) and Mark E. Novotny and David A. Blagg (Cassem, Tierney, Adams, Gotch & Douglas for Appellees)
Civil: Political Subdivision Tort Claims Act (PSTCA)
Proceedings below: Appellants filed a wrongful death and medical malpractice lawsuit against Appellees pursuant to the PSTCA. Appellees moved to dismiss the lawsuit, and Appellants requested leave to amend the complaint and leave to substitute the correct name of Appellee. The district court denied Appellant’s motions and dismissed the case. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The trial court erred by converting Appellees’ motions to dismiss into motions for summary judgment when it received evidence outside the pleadings without notice or an opportunity to conduct discovery; 2) The trial court erred by dismissing Appellants’ complaint, without leave to amend it to include allegations on equitable estoppel, because it stated plausible claims that were not futile and based on genuine disputes of material fact; 3) The trial court erred by dismissing Appellants’ complaint, without leave to amend it to include allegations on the de facto officer doctrine, because it stated plausible claims that were not futile and based on genuine disputes of material fact; and 4) The trial court erred in finding the proper people to serve with notice of Appellants’ tort claim were either Emily Triplett or Litzenberg’s Board of Trustees.