Justia Nevada Supreme Court Opinion Summaries

In May, 2008, Real-Party-In-Interest Roxanne Cagnina arrived at Centennial Hills Hospital for medical treatment. During her stay, she was allegedly sexually assaulted by a member of the hospital staff. She brought a civil suit against the staff member and his employer, Petitioner Valley Health System. During discovery, Cagnina sought to have Valley Health produce records of other incidents or complaints of improper conduct by employees or staff or others. Valley Health objected, and Cagnina filed a motion to compel a response. The motion was heard before a discovery commissioner who recommended to the trial court that Cagninaâs motion be granted. The court affirmed the commissionerâs recommendation, but Valley Health still objected. It sought a writ of mandamus from the Supreme Court, arguing that the records were privileged, and that the district court erred by affirming the discovery commissionerâs recommendation to hand over the records. On review, the Supreme Court found that Valley Health failed to raise its privilege argument before the discovery commissioner. The Court dismissed Valley Healthâs application for a writ of mandamus, and affirmed the decision of the lower court.