Justia Nevada Supreme Court Opinion Summaries

Sky Moore rented a car from Budget Car and Truck Rental of Las Vegas, owned by Malco Enterprises of Nevada, Inc. Sky named Daniel Moore as an additional driver, who later rear-ended Alelign Woldeyohannes while intoxicated. Alelign sued Daniel for negligence and Malco for negligent entrustment. Daniel did not respond, resulting in a default judgment against him. The case proceeded to arbitration, where Alelign was awarded $32,680.26. Malco requested a trial de novo, leading to a short trial where the judge entered a default judgment against Daniel for $37,886.82.Alelign moved to apply the default judgment against Malco under NRS 482.305(1), which holds short-term lessors liable for damages if they fail to provide minimum insurance coverage. Malco opposed, arguing that NRS 482.305 is preempted by the Graves Amendment, which prohibits states from holding vehicle lessors vicariously liable without negligence or wrongdoing. The short trial judge granted Alelign’s motion, and the district court affirmed, concluding that NRS 482.305 is a financial responsibility law preserved by the Graves Amendment’s savings clause.The Supreme Court of Nevada reviewed the case and affirmed the district court’s judgment. The court held that NRS 482.305 is not preempted by the Graves Amendment because it is a financial responsibility law preserved by the savings clause under 49 U.S.C. § 30106(b). The court emphasized that NRS 482.305 imposes a legal requirement for lessors to provide minimum coverage, rather than a mere financial inducement, and does not impose strict vicarious liability on lessors. View "Malco Enterprises of Nevada, Inc. vs. Woldeyohannes" on Justia Law

In 2009, a surgeon performed a shoulder replacement surgery on a patient, during which the patient suffered a fracture and subsequent nerve injury, resulting in permanent radial nerve palsy. The patient sued the surgeon and associated medical entities for professional negligence, claiming vicarious liability. The case went to trial twice; the first trial resulted in a verdict for the defendants, but the court granted a new trial due to juror misconduct. The second trial resulted in a verdict for the patient, awarding significant damages, which the court reduced according to statutory caps.The Eighth Judicial District Court of Clark County oversaw the trials. After the second trial, the court reduced the pain and suffering damages to $350,000 pursuant to NRS 41A.035, awarded attorney fees, and capped expert witness costs. The defendants moved for a new trial based on alleged juror misconduct, which the court denied. Both parties appealed various aspects of the court's decisions, including the application of the damages cap, the res ipsa loquitur instruction, and the award of attorney fees and costs.The Supreme Court of Nevada reviewed the case. It held that the district court did not abuse its discretion in giving a res ipsa loquitur instruction despite expert testimony, as the relevant statutory amendments did not apply retroactively. The court affirmed the reduction of pain and suffering damages to $350,000, applying the statutory cap to both the surgeon and the medical entities. The court also upheld the denial of a new trial based on juror misconduct, finding no intentional concealment or prejudice.Regarding attorney fees, the Supreme Court affirmed the district court's award but modified it to comply with NRS 7.095, capping the total recoverable amount. The court found no conflict between NRCP 68 and NRS 18.005 but remanded the case for further proceedings on expert witness fees, requiring a more detailed application of the Frazier factors. The judgment and order denying a new trial were affirmed, the attorney fees award was affirmed as modified, and the order retaxing costs was reversed in part. View "NEVINS VS. MARTYN" on Justia Law

Aletha Porcaro was admitted to The Heights of Summerlin, a skilled nursing facility, for rehabilitation after surgery. Upon her discharge, she contracted COVID-19 and died eight days later. Her daughter, Rachelle Crupi, filed a lawsuit against The Heights and its parent companies, alleging that they failed to implement effective COVID-19 safety protocols. The claims included negligence, wrongful death, and other related causes of action.The Heights removed the case to federal court, which remanded it back to state court. In state court, The Heights moved to dismiss the case, arguing that the federal Public Readiness and Emergency Preparedness Act (PREP Act) and Nevada’s Emergency Directive 011 granted them immunity from Crupi’s claims. The district court dismissed the professional negligence claim but allowed the other claims to proceed.The Heights then petitioned the Supreme Court of Nevada for a writ of mandamus, seeking to dismiss the remaining claims based on the same immunity arguments. The Supreme Court of Nevada reviewed the petition and concluded that the PREP Act does not apply to a lack of action or failure to implement COVID-19 policies. The court also determined that Directive 011 does not grant immunity to health care facilities, as it applies to individual medical professionals, not facilities.The Supreme Court of Nevada denied the petition for a writ of mandamus, holding that neither the PREP Act nor Directive 011 provided immunity to The Heights for the claims brought by Crupi. The court affirmed the district court’s decision to allow the remaining claims to proceed. View "The Heights of Summerlin, LLC v. District Court" on Justia Law

In August 2021, a vehicle driven by Storm Griffith and owned by Isaias Luna-Cortez collided with a vehicle carrying Zoe Rivera and her daughter L.R. Rivera and L.R. filed a complaint against Griffith and Luna-Cortez, leading to court-annexed arbitration where Rivera and L.R. prevailed. Griffith and Luna-Cortez requested a trial de novo on October 25, 2022. The next day, the Nevada Supreme Court issued an order amending the Nevada Short Trial Rules, increasing the maximum attorney fees a short trial judge could award from $3,000 to $15,000, effective January 1, 2023.The short trial was held on March 3, 2023, and Rivera and L.R. again prevailed. They filed for fees, costs, and prejudgment interest, and the short trial judge awarded $15,000 in attorney fees to each respondent, totaling $30,000. The district court entered a final judgment consistent with this award. Griffith and Luna-Cortez appealed, arguing that the pre-amendment $3,000 cap should apply since they requested the trial de novo before the rule change.The Nevada Supreme Court reviewed the case. The court held that the amendment to NSTR 27(b)(4) was procedural, not substantive, as it did not create or remove any conditions under which fees could be awarded but merely increased the maximum amount. The court noted that procedural changes apply to pending cases unless they alter substantive rights. The court found that the parties had fair notice of the rule change, which was published 67 days before it took effect, and had ample opportunity to adjust their actions accordingly. Therefore, the court affirmed the district court's judgment, applying the amended rule to the case. View "Griffith v. Rivera" on Justia Law

Thomas Labs, LLC, an Arizona limited liability company, sued Amber Marie Dukes and her veterinary supply company for money owed on products delivered. During the litigation, Dukes died, and her counsel filed a notice of death but did not serve any nonparty successors or representatives. Thomas Labs moved to substitute Dukes' trust and trustee, Jason Hilliard, as parties, which the district court granted. Later, Dukes' will was filed in probate court, appointing her brother, Lynn Hill, as personal representative. Dukes' counsel then moved to dismiss the case, arguing that neither Hilliard nor the trust were proper representatives.The Eighth Judicial District Court dismissed the claims against Dukes, concluding that the 180-day deadline for substitution under NRCP 25(a) had passed. The court found that service of the notice of death on the parties alone triggered the deadline, even though no court-appointed executor or administrator existed when the notice was filed. The district court also denied Thomas Labs' motion to substitute a special administrator, Shara Berry, as untimely.The Supreme Court of Nevada reviewed the case and clarified that under NRCP 25(a), when a decedent's attorney files a notice of death, they must serve the notice on nonparty successors or representatives to start the 180-day deadline for substitution. The court also noted that NRS 7.075 requires the decedent's attorney to file a motion to substitute a proper party within 90 days of the client's death. The Supreme Court found that the 180-day deadline never started because Dukes' counsel failed to serve the nonparty successors or representatives. Consequently, the district court's dismissal was reversed, and the case was remanded for the substitution of a special administrator for Dukes. View "THOMAS LABS, LLC VS. DUKES" on Justia Law

Retailers House of CB USA, LLC, and Chinese Laundry Lifestyle, LLC, leased commercial space at the Miracle Mile Shops, operated by PHWLV, LLC, which also runs the Planet Hollywood Resort and Casino. On July 8, 2017, a fire-suppression pipe burst, causing significant water damage to the retailers' stores and inventory. The retailers sued PHWLV for negligence in maintaining the fire-suppression system.The Eighth Judicial District Court in Clark County granted partial summary judgment in favor of the retailers on the elements of duty and breach, concluding that PHWLV had a duty to prevent items on its property from damaging others' property and had breached this duty. The case proceeded to a jury trial on causation and damages, resulting in a verdict awarding House of CB $3,133,755.56 and Chinese Laundry $411,581.41. The district court denied PHWLV's motion for a new trial and entered judgment on the jury verdict, also awarding attorney fees and prejudgment interest to House of CB.The Supreme Court of Nevada reviewed the case and found that the district court erred in its formulation of PHWLV's duty. The appropriate standard of care was the duty to use reasonable care in servicing and inspecting the fire-suppression system and responding to issues arising from failures within the system. The court reversed the district court's judgment on the jury verdict, vacated the post-judgment orders awarding attorney fees and prejudgment interest, and remanded the case for a new trial. The court also denied PHWLV's request to reassign the case to a different judicial department. View "PHWLV, LLC VS. HOUSE OF CB USA, LLC" on Justia Law

Plaintiffs, who worked at the Clark County Government Center (CCGC), alleged injuries from exposure to toxic chemicals. They claimed that toxic chemicals were released on Union Pacific property, which later became the CCGC site. After the CCGC opened in 1995, workers began experiencing illnesses and noticed black soot accumulating in workstations and air vents. Despite these concerns, Clark County assured workers that the property was safe. Plaintiffs argued that they could not have discovered the link between their illnesses and the toxic exposure until 2020, when experts established the connection.The Eighth Judicial District Court of Clark County dismissed the plaintiffs' first amended complaint, ruling that the discovery rule did not apply to the two-year statute of limitations under NRS 11.190(4)(e). The court concluded that the plaintiffs' claims were time-barred because the statute did not explicitly reference discovery-rule tolling.The Supreme Court of Nevada reviewed the case and reversed the lower court's decision. The court held that the discovery rule could apply to NRS 11.190(4)(e) despite the statute's lack of explicit language. The court emphasized that fairness and justice require that a claim should not accrue until the claimant is aware or should be aware of the claim through reasonable diligence. The court also noted that the plaintiffs had raised issues of fact regarding their awareness of the cause of action and the defendants' alleged concealment of information. Additionally, the court found that the district court erred by not considering equitable tolling. The case was remanded for further proceedings consistent with the opinion. View "ADKINS VS. UNION PACIFIC RAILROAD COMPANY" on Justia Law

This case involves a dispute between Deutsche Bank Trust Company Americas as Trustee Rali 2006QA5 (Deutsche Bank), the holder of the first deed of trust, and SFR Investments Pool 1, LLC (SFR), the purchaser of a property at a homeowners’ association (HOA) lien foreclosure sale. The dispute centers around whether the homeowner's partial payments to the HOA satisfied the superpriority lien, which would mean that the HOA foreclosure did not extinguish the first deed of trust.The district court initially granted summary judgment in favor of Deutsche Bank, finding that the homeowner's pre-foreclosure payments satisfied the superpriority lien. However, on appeal, the Supreme Court of Nevada vacated and remanded the case, instructing the district court to consider the analysis in the then recently decided case 9352 Cranesbill Trust v. Wells Fargo Bank, N.A. On remand, the district court ruled in favor of SFR, concluding that a portion of the superpriority lien remained unsatisfied, so the HOA foreclosure extinguished Deutsche Bank’s deed of trust.The Supreme Court of Nevada disagreed with the district court's conclusion. The court held that, unless expressly authorized by the homeowner, the HOA may not allocate a payment in a way that results in a forfeiture of the first deed of trust holder’s interest and deprives the homeowner of the security on the homeowner’s mortgage. Applying this principle to the case at hand, the court found that the homeowner's partial payments to the HOA satisfied the HOA’s superpriority lien, so the foreclosure did not extinguish Deutsche Bank’s first deed of trust. Therefore, SFR took possession of the property subject to the deed of trust. The court reversed the judgment of the district court and remanded for entry of judgment for Deutsche Bank consistent with this opinion. View "Deutsche Bank Trust Company Americas v. SFR Investments Pool 1, LLC" on Justia Law

The case involves Somsak Limprasert, a patient diagnosed with COVID-19 and acute hypoxic respiratory failure, who was transferred to PAM Specialty Hospital of Las Vegas, LLC, for rehabilitation and treatment. While at PAM, Limprasert, who was bedridden and unable to stand without support, was assisted by PAM's workers to rise from his bed. However, they unexpectedly let go of him while he was in a standing position, causing him to fall and suffer injuries. Limprasert filed a complaint against PAM, asserting claims for negligence and abuse of the vulnerable, and alternatively, under Nevada’s medical malpractice statutes. However, he failed to attach a supporting declaration from a medical expert to his complaint.The district court found that Limprasert’s claims were of professional negligence, requiring a supporting declaration from a medical expert. As Limprasert filed his complaint without the supporting declaration and the erratum was not filed at the same time as the complaint, the district court granted PAM’s motion to dismiss. Limprasert appealed, and the court of appeals reversed the decision, finding that the district court erred by dismissing Limprasert’s complaint. PAM petitioned the Supreme Court of Nevada for judicial review.The Supreme Court of Nevada determined that Limprasert’s claims were of professional negligence, requiring an affidavit under Nevada law. However, the court concluded that Limprasert’s expert declaration complied with the law, and the district court therefore erred by dismissing his complaint for noncompliance. The court reversed the dismissal of Limprasert’s professional negligence claims and remanded the case for further proceedings. View "Limprasert v. PAM Specialty Hospital of Las Vegas, LLC" on Justia Law

The case revolves around a medical malpractice claim filed by Saeed Gohari, acting as the guardian ad litem for Nammi Gohari, a minor. Nammi was born prematurely in 2012 and developed irreversible brain damage, which the family attributed to professional negligence by the medical staff at facilities operated by Dignity Health. The malpractice claims were filed against Dignity Health and several individuals who provided medical care to Nammi's mother, Afsaneh Amin-Akbari, over a decade after Nammi's birth, on November 30, 2022.The case was initially brought before the Eighth Judicial District Court of the State of Nevada. Dignity Health moved to dismiss the complaint as untimely under NRS 41A.097, which sets a limitation period for filing medical malpractice claims. However, Gohari argued that the complaint was still timely under NRS 41A.097(5) due to a pair of emergency directives issued by Governor Steve Sisolak during the COVID-19 pandemic, which tolled the limitations period. The district court agreed with Gohari, concluding that the directives tolled the limitations period for 122 days, making Gohari's complaint timely.The case was then brought before the Supreme Court of the State of Nevada. Dignity Health filed a petition for a writ of mandamus, asking the court to vacate the district court order and direct the district court to dismiss the case because Gohari's complaint was untimely under NRS 41A.097(5) and its timeliness was not preserved by the directives. However, the Supreme Court denied the petition, concluding that the district court correctly applied the directives and that the law does not require dismissal of Gohari's complaint as untimely. The court found no support for Dignity Health's argument in the directives’ plain language and held that the directives tolled Gohari's limitations period for 122 days. View "Dignity Health v. District Court" on Justia Law