Justia Nevada Supreme Court Opinion Summaries

The Supreme Court held that the district court erred in dismissing Appellant's complaint alleging that EMTs wrongfully denied him medical treatment after concluding that Appellant's claims were barred by the public duty doctrine, Nev. Rev. Stat. 41.0336, and the Good Samaritan statute, Nev. Rev. Stat. 41.500(5).In his complaint, Plaintiff alleged that Defendants negligently misdiagnosed him and negligently denied him medical treatment because he was homeless and uninsured. The district court dismissed the complaint, concluding that, as a matter of law, Defendants could not be held liable for damages based on the public duty doctrine or the Good Samaritan statute. The Supreme Court affirmed the district court's order to the extent it dismissed Plaintiff's claims based on misdiagnosis but reversed it to the extent it dismissed claims based on socioeconomic discrimination, holding that a failure to render medical assistance or to transport a patient to the hospital based solely on their socioeconomic status may qualify as an affirmative act exempted from the public duty doctrine and as gross negligence, which would render the Good Samaritan statute inapplicable. View "Porchia v. City of Las Vegas" on Justia Law

The Supreme Court affirmed the order of the district court and appeals officer that Employee was incapacitated from earning "full wages" and therefore denying Employer and its insurer's petition for judicial review, holding that there was no error.At issue was whether Employee's inability to earn overtime due to his industrial injury amounted to being incapacitated from earning "full wages" such that he could seek to reopen his claim more than one year after its closing. The appeals officer concluded (1) Employee was incapacitated from earning full wages for the time specified under Nev. Rev. Stat. 616C.400(1); (2) that Employee had satisfied the statute's period of incapacitation; and (3) therefore, Nev. Rev. Stat. 616C.390(5) permitted Employee to submit an application to reopen his claim more than one year after it had closed. The district court affirmed. The Supreme Court affirmed, holding (1) the term "full wages" as used in section 616C.400(1) may include payments for overtime; and (2) substantial evidence supported the appeals officer's findings in this case. View "City of Henderson v. Wolfgram" on Justia Law

The Supreme Court held that a pet store may not be held liable under tort law where a dog adopted at the store through an adoption event conducted by an independent charitable organization later attacks and injures an individual if the pet store did not assume a duty of care or have an agency relationship with the charitable organization that conducted the adoption event.James Todd was attacked by a dog adopted by his wife two days before from an independent pet-rescue organization holding an adoption event at a PetSmart store. The Todds sued PetSmart, among other defendants, for negligence, negligent infliction of emotional distress, and respondent superior. The district court denied PetSmart's motion for summary judgment, holding that PetSmart owed a duty to the Todds as a matter of law. The Supreme Court granted a writ of mandamus sought by PetSmart, holding that PetSmart did not owe a duty of care to the Todds as a matter of law and that there was no genuine issue of fact regarding any alleged agency relationship between PetSmart and the charitable organization. View "PetSmart, Inc. v. District Court" on Justia Law

In this case brought by the parents of a victim of the Route 91 Harvest Festival massacre against the manufacturers and distributors of the AR-15 rifles the gunman used the Supreme Court held that Nev. Rev. Stat. 41.131 provided the gun manufacturers and distributors immunity from the claims asserted against them under Nevada law.Plaintiffs brought this suit in Nevada's federal district court alleging wrongful death, negligence per se, and negligent entrustment. The federal district court granted Defendants' motion to dismiss the negligent entrustment and negligence per se claims but denied it as to the wrongful death claim. The federal court then reconsidered its dismissal of the negligence per se claim and certified three questions of law to the Supreme Court. In response, the Supreme Court held that section 41.131 provided the gun companies immunity from the wrongful death and negligence per se claims asserted against them under Nevada law. View "Parsons v. Colt's Manufacturing Co." on Justia Law

The Supreme Court affirmed the order of the district court denying Defendant's anti-SLAPP motion to dismiss Plaintiff's complaint alleging slander and conspiracy, holding that Defendant failed to establish by a preponderance of the evidence that his alleged communication leading to the civil complaint was made in good faith.At issue was how the district court at step one of the anti-SLAPP evaluation should proceed when Defendant denied making the alleged statement. The district court used Plaintiff's version of the alleged defamatory statement during its step-one analysis and then denied the motion to dismiss. The Supreme Court affirmed, holding (1) Defendant's denial that he made the alleged statement was irrelevant to step one of the anti-SLAPP analysis; (2) Defendant's alleged statement did not constitute a nonactionable opinion; and (3) the district court correctly denied Defendant's anti-SLAPP motion to dismiss. View "Spirtos v. Yemenidjian" on Justia Law

The Supreme Court affirmed the order of the district court determining that a proceeding before a citizen review board does not warrant tolling the statute of limitation under this Court's holding in State, Department of Human Resources v. Shively, 871 P.2d 355 (Nev. 1994), or under equitable tolling principles, holding that the district court did not err.Appellant filed a citizen complaint with the Las Vegas Metropolitan Police Department (LVMPD) Citizen Review Board (CRB) after an adverse encounter with LVMPD police officers. The CRB recommended additional officer training. Appellant later filed a civil complaint against LVMPD and the two officers (LVMPD respondents), claiming battery, false imprisonment, and negligence. The district court dismissed the case, concluding that the complaint was time-barred and that equitable considerations did not favor tolling. The Supreme Court affirmed, holding that Shively did not provide grounds for tolling the statute of limitations, and Appellant failed to establish grounds for equitable tolling. View "Wilson v. Las Vegas Metropolitan Police Dep't" on Justia Law

The Supreme Court affirmed the judgment of the district court returning a $5.9 million verdict in favor of Plaintiff on his negligence action, holding that there was no error in the proceedings below.An employee of Defendant collided the forklift he was driving with Plaintiff's vehicle, resulting in injuries to Plaintiff. Plaintiff brought this action, alleging negligence. The case proceeded to trial. The jury returned a verdict for Plaintiff, and the district court awarded Plaintiff $2.3 million in attorney fees. The Supreme Court affirmed, holding that the district court (1) imposed sanctions within its discretion; (2) did not err in instructing the jury; and (3) did not err by concluding that Plaintiff was entitled to recover the entirety of his contingency fee from the verdict under Nev. R. Civ. P. 68. View "Capriati Construction Corp. v. Yahyavi" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court dismissing Appellant's 42 U.S.C. 1983 civil rights claims and state law tort claims, holding that the district court erred by requiring Appellant to administratively exhaust all potential remedies.Appellant brought this complaint alleging that Georgina Stuart, who was employed by the Clark County Department of Family Services (DFS), and two police officers forced him to sign a temporary guardianship over his two minor children to the children's maternal aunt. DFS subsequently made a findings of maltreatment against Appellant, which he administratively appealed. The district court dismissed Appellant's request for punitive damages as not available and dismissed Appellant's section 1983 and state law tort claims for failure to exhaust his administrative remedies. The Supreme Court reversed in part, holding (1) Appellant was not required to administratively exhaust all potential remedies in his DFS case before bringing his section 1983 and tort claims; and (2) the district court erred by finding that Appellant's section 1983 claim was solely a procedural due process claim subject to the exhaustion doctrine. View "Eggleston v. Stuart" on Justia Law

The Supreme Court reversed the judgment of the district court denying Defendant's anti-SLAPP special motion to dismiss this defamation action, holding that Defendant's statements met the requirements for anti-SLAPP privilege and that the absolute litigation privilege applied.Plaintiff threatened to sue Defendant over a text message that he perceived as defamatory. Defendant subsequently filed a complaint with the Nevada Real Estate Division (NRED) alleging that Defendant, in a certain real estate matter, had acted unethically. Plaintiff brought this tort complaint based on Defendant's NRED complaint. Defendant filed a motion to dismiss, asserting that the anti-SLAPP statute and absolute litigation privilege applied to protect her from liability. The district court denied the motion. The Supreme Court reversed, holding (1) Defendant met the good faith standard under the anti-SLAPP framework; and (2) the absolute litigation privilege applied such that Plaintiff could not prevail on his claims. View "Williams v. Lazer" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Appellant's motion for judgment as a matter of law, for a new trial, to alter or amend the judgment to offset the settlement proceeds paid by other defendants, and to retax costs, holding that Appellant was entitled to an offset of the settlement proceeds.Dr. Kayvan Khiabani was fatally injured when he collided with a passing bus while riding his bicycle. Khiabani's estate and surviving family members (collectively, Respondents), sued several defendants, including Appellant. Each defendant except Appellant settled with Respondents. After a trial, the jury returned a verdict for Respondents on their failure-to-warn theory. The district court denied each of Appellant's post-judgment motions, after which Appellant appealed. The Supreme Court reversed in part, holding that the district court (1) properly denied MCI's motions for judgment as a matter of law, for a new trial, and to relax costs; and (2) erred in denying MCI's motion to alter or amend the judgment because Appellants was entitled to an offset of the settlement proceeds where Appellant and the settling defendants were liable for the same injury. View "Motor Coach Industries, Inc. v. Khiabani" on Justia Law