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97 Nev. 601 (1981) | Cited 110 times
... By the Court, Zenoff, Sr. J. 1: Petitioner Round Hill General Improvement District (Round Hill), and intervening petitioner Incline Village General Improvement District (IVGID), seek writs of mandamus to compel the State Engineer to act on their applications for permits to appropriate water from ...
101 Nev. 46 (1985) | Cited 109 times
... By the Court, Steffen, J.: A jury convicted appellant Tracy Petrocelli of first degree murder and sentenced him to death. Our review of the record convinces us that Petrocelli was fairly tried, convicted and sentenced. We therefore affirm. Tracy Petrocelli's journey to Reno began in Washington ...
102 Nev. 644 (1986) | Cited 85 times
... By the Court, Young, J.: This case involves interpretation of Nevada's Open Meeting Law, NRS chapter 241. The district court ruled that Carson City could properly terminate its former city manager in a closed meeting. The Attorney General argues this was error because the Nevada Open Meeting Law ...
102 Nev. 606 (1986) | Cited 74 times
... Per Curiam: This action was brought originally after Frey had applied for employment compensation and was denied benefits. Frey appealed that determination and a hearing was held before an appeals referee. The referee denied Frey's claim and Frey appealed to the Employment Security Division Board ...
117 Nev. 265 (2001) | Cited 71 times
... As amended May 1, 2001. Appeal from a judgment entered for respondents in a negligence action and from a post-judgment settlement order. Eighth Judicial District Court, Clark County; Jack Lehman, Judge. Dismissed in part, affirmed in part, reversed in part and remanded. OPINION This appeal ...
100 Nev. 60 (1984) | Cited 67 times
... Per Curiam: These are consolidated appeals 1 from judgments dismissing both appellants' complaints. [100 Nev. 60, Page 62] For the reasons set forth hereinafter, we reverse and remand both cases to the district court. The facts of each case are as follows: Hansen: Hansen was a pinball-video ...
75 Nev. 41 (1959) | Cited 66 times
... By the Court, McNamee, J.: Appellant was convicted of the rape of Rachel Cruz. Appeal is taken from the judgment and from the order denying his motion for a new trial. The chief assignment of error as grounds for reversal involves evidence of a separate crime committed on the person of Edna ...
117 Nev. 860 (2001) | Cited 63 times
... Appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus in a death penalty case. Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Judge. Affirmed. BEFORE The Court En Banc. OPINION In this appeal, we are asked to ...
121 P.3d 1026 (2005) | Cited 63 times
... Affirmed. MAUPIN, J., dissented in part. BEFORE THE COURT EN BANC. OPINION Jane Doe, a mentally handicapped female, was working for Safeway Stores, Inc., when she was sexually assaulted by Emilio Ronquillo-Nino, who was employed by a company that provided janitorial services at the Safeway ...
91 Nev. 617 (1975) | Cited 62 times
... By the Court, Zenoff, J.: Claims for damages arose out of a construction contract entered into between Keith H. Peterson, doing business as K. H. Peterson Construction Co., and the United States Forest Service for construction of a roadway [91 Nev. 617, Page 619] in Lamoille Canyon in Elko ...
88 Nev. 360 (1972) | Cited 62 times
... By the Court, Zenoff, C. J.: On October 19, 1968, during the course of his employment, Keith Bush was horribly injured while assisting in the reassembly of a giant vehicle specially designed for use in open pit mining. The accident happened near the Kennecott Copper Company's operation at Ely, ...
67 Nev. 505 (1950) | Cited 62 times
... By the Court, McKnight, District Judge: Appellant was convicted of murder in the first degree and his punishment fixed at death by the jury. His appeal is from the judgment and from the order denying his motion for new trial. The pertinent facts will be stated in discussing some of the many ...
89 Nev. 230 (1973) | Cited 62 times
... By the Court, Batjer, J.: On October 1, 1966, Barbara Adams was admitted to the Southern Nevada Memorial Hospital with a chronic kidney infection and hypertensive cardiovascular disease, and she was discharged on October 14, 1966. She was readmitted and again discharged November 14, 1966, with the ...
101 Nev. 449 (1985) | Cited 61 times
... Per Curiam: Michael and Ruska Bogdanovich constructed a single family residential dwelling in the County of Douglas, Nevada. Respondent County of Douglas (the County) sent an inspector to inspect the premises at various times during construction, and finally "signed off" on the construction. ...
96 Nev. 367 (1980) | Cited 61 times
... By the Court, Mowbray, C. J.: Thomas Marshall Wilkins was convicted by a jury of the second degree murder of his wife, Jo Aline Wilkins. Wilkins appeals, raising twelve claims of error. We find no error, and affirm. Since many of appellant's objections have either been waived or are devoid of ...
99 Nev. 579 (1983) | Cited 60 times
... By the Court, Mowbray, J.: In this medical malpractice and products liability suit, Beattie appeals from an order of the district court denying him a new trial and awarding respondents Thomas and Pitts $29,700 in attorney's fees. While we disagree with appellant's assertions regarding error during ...
103 Nev. 39 (1987) | Cited 60 times
... By the Court, Springer, J.: Ponsock was a tenured employee of K Mart. Evidence supports a jury finding that K Mart dismissed Ponsock in order to save having to pay him retirement benefits provided for in the employment contract. The question is whether such conduct is tortious. We find that it is ...
116 Nev. 215 (2000) | Cited 60 times
... 116NvAdvOpNo23 Cite as: Byford v. State 116 Nev. Adv. Op. No. 23 Appeal from a judgment of conviction pursuant to a jury verdict of one count of first-degree murder with the use of a deadly weapon and a sentence of death. Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, Judge. ...
107 Nev. 226 (1991) | Cited 60 times
... By the Court, Springer, J.: This litigation arises out of a written contract between Hilton and Dynamic Duo, Inc., a Nevada corporation formed by prize-fight promoters Butch Lewis and Don King. The Dynamic Duo corporation was formed for the purpose of exhibiting at the Hilton Hotel the last four ...
108 Nev. 105 (1992) | Cited 59 times
... Per Curiam: THE FACTS Appellant Bulbman, Inc. (Bulbman) is a Reno, Nevada, company that markets and distributes light bulbs. Bulbman's business is primarily conducted through telephone and mail orders. Respondent Nevada Bell (Nevada Bell) is a regulated public utility engaged in the business of ...
112 Nev. 980 (1996) | Cited 59 times
... Appeal from order denying petition for post-conviction relief in capital case. Eighth Judicial District Court, Clark County; Jack Lehman, Judge. Affirmed. Patricia Erickson, Las Vegas, for Appellant. Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, James ...
99 Nev. 284 (1983) | Cited 59 times
... By the Court, Manoukian, C. J.: This appeal involves diverse legal questions all incidental to a $1,500,000 loan secured by a deed of trust on commercial property, the execution of the power of sale pursuant to said deed and a summary judgment entered against the appellant, Ernest Collins, debtor ...
82 Nev. 183 (1966) | Cited 58 times
... By the Court, Zenoff, D. J.: Appellant was convicted of selling narcotics. The State presented as its sole witness police officer Kingsbury who testified as to his contacts as an undercover agent with Lisby, relating several meetings at Lisby's residence. On the occasions of two of these meetings ...
97 Nev. 71 (1981) | Cited 57 times
... By the Court, Mowbray, J.: A jury convicted Rudy Bolen of robbery. He seeks reversal on the sole ground that the evidence presented at his trial did not support the jury's verdict. We disagree and affirm Bolden's judgment of conviction. THE FACTS Bolden, on February 14, 1979, pointed a .38 ...
100 Nev. 498 (1984) | Cited 56 times
... Per Curiam: Thomas Randall Hargrove appeals from an order of the district court denying his post-conviction motion to withdraw his plea of guilty. We sua sponte ordered appellant to file supplemental authorities speaking to the issue of whether an order denying a post-conviction motion to withdraw ...
89 P.3d 1009 (2004) | Cited 56 times
... Affirmed in part, reversed in part and remanded. OPINION This appeal concerns a dispute over a contract for structural concrete work at the Sands Exposition Center. Although subcontractor J.A. Jones Construction Company obtained a judgment for $1,152,912 against the construction management ...
100 Nev. 245 (1984) | Cited 56 times
... Per Curiam: A jury convicted Joseph Edward Koza of first degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon and returned a verdict of life imprisonment without the possibility of parole on the murder count. The district court sentenced Koza to fifteen years ...
78 Nev. 366 (1962) | Cited 56 times
... By the Court, Thompson, J.: Separate appeals by Garner, one from a judgment of conviction entered upon a jury verdict finding him guilty of the unlawful possession and control of a narcotic drug, Case No. 4484, and the other from the denial by the district court of his application for a writ of ...
100 Nev. 430 (1984) | Cited 55 times
... Per Curiam: The warden appeals from an order granting a post-conviction petition for writ of habeas corpus. The order declared void ab initio pleas of nolo contendere [100 Nev. 430, Page 431] entered by respondent in two Washoe County criminal prosecutions. For the reasons set forth below, we ...
134 P.3d 698 (2006) | Cited 55 times
... Reversed and remanded. BEFORE THE COURT EN BANC. OPINION Appellant Insurance Company of the West (ICW) entered into a surety contract with respondent Gibson Tile Company, Inc. (Gibson) to provide performance bonds on a construction project. Gibson settled with two suppliers who made claims ...
119 P.3d 1254 (2005) | Cited 54 times
... Affirmed. BEFORE ROSE, GIBBONS and HARDESTY, JJ. OPINION In this case, all parties agreed to the essential terms of a release in reaching a global settlement, but three parties later refused to execute the release document. We therefore consider whether the essential terms of a release are a ...
107 Nev. 28 (1991) | Cited 53 times
... By the Court, Rose, J.: A jury convicted appellant Thomas Russell Lord (Lord) of three crimes: first degree murder, robbery with a deadly weapon and conspiracy to commit robbery and/or murder. The jury sentenced Lord to death. For reasons set forth below, we affirm the convictions and prison ...
114 P.3d 277 (2005) | Cited 51 times
... Affirmed in part, reversed in part and remanded. BEFORE ROSE, GIBBONS and HARDESTY, JJ. OPINION This is a proper person appeal from a district court order granting summary judgment in an employment discrimination and tort case that raises three issues of first impression: (1) whether an employee ...
79 Nev. 94 (1963) | Cited 51 times
... By the Court, Badt, C. J.: This is an appeal from a summary judgment in favor of the three respondents above named. Short, appellant, had charged these three respondents with participating in a conspiracy for the purpose of obstructing and interfering with him in the pursuit of his occupation of ...
79 Nev. 150 (1963) | Cited 50 times
... By the Court, Thompson, J.: Did prejudicial error occur when the district court refused to set aside the default judgment entered below? The appeal presents this question. Frontier Properties, Inc. sought a declaratory judgment as to the correct construction to be given certain provisions of a ...
95 Nev. 669 (1979) | Cited 50 times
... By the Court, Manoukian, J.: This appeal is from felony convictions of first degree murder, NRS 200.010 and 200.030, and robbery without the use of a deadly weapon, NRS 200.380, resulting in a death sentence and a consecutive fifteen-year penalty respectively. Appellant proffers several bases for ...
168 P.3d 720 (2007) | Cited 49 times
... Reversed. BEFORE THE COURT EN BANC. OPINION In this appeal, we consider the extent to which sovereign immunity protects publicly employed physicians from common-law liability for medical malpractice. Our analysis necessarily turns on Nevada's statutory waiver of sovereign immunity and a ...
82 Nev. 439 (1966) | Cited 49 times
... By the Court, Thompson, J.: The important question presented by this appeal is whether Nevada should judicially adopt the doctrine of strict tort liability against a manufacturer and distributor of a bottled beverage. Subordinate questions are also involved and will be discussed. 1. Leo Dolinski ...
99 P.3d 1153 (2004) | Cited 48 times
... Reversed and remanded with instructions. EN BANC. OPINION This case arises out of the collapse of the Las Vegas Hilton marquee sign on July 18, 1994. The district court granted summary judgment against appellants United National Insurance Company and Assicurazioni Generali S.P.A., holding that ...
109 Nev. 478 (1993) | Cited 47 times
... Per Curiam: FACTS The incident which precipitated this litigation occurred in the early morning hours of October 2, 1985. Shortly after midnight, a young woman entered the emergency room of the respondent hospital North Las Vegas Hospital (“NLVH”), complaining of chest pain and shortness of ...
83 Nev. 13 (1967) | Cited 45 times
... By the Court, Craven, D. J.: The question presented for determination on this appeal is the constitutionality of Section 122.070 of the Nevada Revised Statutes, which provides as follows: "122.070 Licensed, ordained ministers may solemnize marriages; certificates of permission to perform ...
114 Nev. 1 (1998) | Cited 45 times
... While driving an automobile rented from Agency Rent-A-Car ("Agency"), the Maduike family was involved in an accident. The Maduikes had rented the car in Reno and driven to Las Vegas for an eleven-day family vacation. Approximately one hour into their drive home to Reno, they heard a loud whistling ...
90 Nev. 397 (1974) | Cited 44 times
... By the Court, Batjer, J.: In this consolidated appeal we are asked to reconsider this court's announced position on inter-spousal and parental tort immunity. Morrissett v. Morrissett, 80 Nev. 566, 397 P.2d 184 (1964), Kennedy v. Kennedy, 76 Nev. 302, 352 P.2d 833 (1960), and Strong v. Strong, 70 ...
85 Nev. 99 (1969) | Cited 44 times
... By the Court, Thompson, J.: The issue on this appeal is whether the heirs of pedestrians who were killed by a car being driven by a drunken driver have a claim for relief for wrongful death against the tavern keeper who unlawfully sold liquor to the offending driver. The district court ruled that ...
194 P.3d 709 (2008) | Cited 44 times
... BEFORE THE COURT EN BANC. 1 OPINION This appeal raises the issue of whether claim preclusion applies to prevent a party from bringing a second lawsuit when the first lawsuit was dismissed under a local court rule for failure to attend a pretrial calendar call. In resolving this issue, we clarify ...
81 Nev. 25 (1965) | Cited 44 times
... By the Court, Thompson, J.: This appeal is from a conviction of first degree murder and the sentence of death. On April 5, 1963, Tom Bean, then 18 years old, entered the apartment of Sonja McCaskie and killed her. He had never seen her before. The circumstances of the crime were unbelievably ...
109 Nev. 448 (1993) | Cited 44 times
... Per Curiam: Appellant Richard Posadas (Posadas), an officer with the Reno [109 Nev. 448, Page 450] Police Department (RPD), was accused of attempting to use his status as a peace officer to influence a traffic court proceeding. A subsequent investigation resulted in Posadas's termination, which ...
181 P.3d 670 (2008) | Cited 43 times
... Affirmed in part, reversed in part and remanded. BEFORE THE COURT EN BANC. OPINION In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays ...
101 Nev. 238 (1985) | Cited 43 times
... By the Court, Mowbray, J.: A jury convicted appellant Thomas Nevius of one count of first degree murder and three other felonies: burglary, robbery and attempted sexual assault, all with the use of a deadly weapon. At the penalty hearing on the first degree murder conviction, the jury found that ...
99 Nev. 72 (1983) | Cited 42 times
... Per Curiam: A jury found appellant Joseph Lewis McCullough guilty of possession of a controlled substance and possession of stolen property. Among other contentions, McCullough argues on appeal that the jury was prejudicially misinformed regarding the concept of reasonable doubt, because the ...
109 Nev. 28 (1993) | Cited 42 times
... By the Court, Springer, J.: In an administrative review, the trial court held that when an employer fails to follow the appeal procedures provided in NRS 616.5412, 1 the employer may still seek a later review of an [109 Nev. 28, Page 30] employee's permanent partial disability award by ...
86 Nev. 408 (1970) | Cited 42 times
... By the Court, Collins, C. J.: This is an appeal in a personal injury action from a jury verdict in favor of respondents (defendants below). We conclude prejudicial error was committed, reverse that judgment and remand the action for a new trial as to respondent Dor-O-Matic. We affirm the judgment ...
78 Nev. 301 (1962) | Cited 41 times
... By the Court, Thompson, J.: Reta Schnitzer commenced an action against Dr. Russell F. Miller to recover damages, averring that he had maliciously and without probable cause charged her with the crime of embezzlement, caused her arrest, confinement in jail, and subsequent appearance at a ...
105 Nev. 291 (1989) | Cited 41 times
... Per Curiam: Respondent, Baby Grand Corporation d/b/a/ Maxim Hotel & Casino hired appellant, Jerry Wiltsie as a poker room manager. Subsequently, respondent terminated appellant. Appellant filed a complaint against respondent alleging that he had been terminated after he reported illegal conduct of ...
110 Nev. 349 (1994) | Cited 41 times
... Per Curiam: On January 7, 1987, the district court entered a judgment of conviction pursuant to a jury verdict against Jose Manual Lozada. A jury found Lozada guilty of four controlled substance violations. Lozada did not immediately appeal from the judgment of conviction. Lozada subsequently ...
116 Nev. 598 (2000) | Cited 41 times
... Appeal and cross-appeal from a judgment of the district court, pursuant to a jury verdict, in an action for conspiracy to convert personal and real property. Ninth Judicial District Court, Douglas County; Michael R. Griffin, Judge. Affirmed in part, reversed in part, and remanded. BEFORE THE ...
102 Nev. 268 (1986) | Cited 41 times
... Per Curiam: In these two consolidated appeals, we are faced with challenges to the validity of two guilty pleas. In both cases, the defendants challenge their pleas on the ground that they were not entered knowingly and intelligently because the lower courts did not sufficiently canvass them to ...
107 Nev. 1 (1991) | Cited 41 times
... By the Court, Rose, J.: This is an appeal from a summary judgment entered against the appellant (hereinafter, Ms. Perez) in a wrongful death action. The district court held that Ms. Perez could not prove that the alleged negligence of the health care provider was the legal cause of the death, ...
108 Nev. 67 (1992) | Cited 41 times
... Per Curiam: FACTS At approximately midnight on March 20, 1989, appellant Joseph Robert Kazalyn (Kazalyn) and his bride of one month, Judy Pain Kazalyn, argued on the way home from a dinner party. Kazalyn contends they argued about Mrs. Kazalyn's use of [108 Nev. 67, Page 70] cocaine and the ...
97 Nev. 124 (1981) | Cited 41 times
... By the Court, Springer, J.: Respondent Rabello sued appellant Star for special, general and punitive damages for assault and battery. Rabello also sued as Guardian ad Litem for her daughter, Lisa Rabello, who was a witness to the attack, for intentional infliction of emotional distress. Star ...
100 Nev. 153 (1984) | Cited 40 times
... Per Curiam: These are two appeals from judgments of conviction in criminal cases. The appellants in both cases have raised the common question of whether they were deprived of their right to a fair trial as a result of [100 Nev. 153, Page 155] prosecutorial misconduct. Since the same prosecutor, ...
85 Nev. 134 (1969) | Cited 40 times
... By the Court, Zenoff, J.: This appeal presents the question of whether counsel is required to be present when a suspect who is in police custody is identified from a group of pictures at a police station house in lieu of a lineup. A gas station in Las Vegas was robbed a few minutes after midnight ...
92 Nev. 91 (1976) | Cited 40 times
... By the Court, Zenoff, J.: Donald Scott Silks was convicted, by jury verdict, of possession of stolen property (an airplane owned by the Mexican Navy). After being sentenced to a seven-year term in the Nevada State Prison Silks caused this appeal to be perfected wherein he contends his conviction ...
117 Nev. 609 (2001) | Cited 40 times
... Appeal from an order denying a post-conviction petition for a writ of habeas corpus in a capital case. Eighth Judicial District Court, Clark County; Jeffrey D. Sobel, Judge. Affirmed in part, reversed in part, and remanded. BEFORE THE COURT EN BANC. OPINION In 1994 appellant Vernell Ray Evans ...
117 Nev. 348 (2001) | Cited 39 times
... This is an appeal from a judgment of conviction and sentence of death following a second penalty hearing. Sixth Judicial District Court, Pershing County; John S. McGroarty, Judge. Affirmed. BEFORE THE COURT EN BANC. OPINION Appellant Gerald Armond Gallego murdered two teenage girls in Pershing ...
85 Nev. 345 (1969) | Cited 39 times
... By the Court, Mowbray, J.: Appellant Everett S. M. Brunzell signed on January 14, 1964, a "Continuing Guaranty" with Respondent Golden Gate National Bank ("Bank"), agreeing to pay any and all indebtedness, not to exceed $50,000, of First Capital Corporation ("Capital"). The agreement provided that ...
108 Nev. 53 (1992) | Cited 39 times
... Per Curiam: Appellant, Kimble McNair, a licensed physician specializing in obstetrics and gynecology, was convicted of six counts of sexual assault and sentenced to four consecutive and two concurrent life sentences. His victims were also his patients. McNair raises several issues on appeal, but ...
105 Nev. 183 (1989) | Cited 39 times
... Per Curiam: This is an appeal from summary judgment granted pursuant to NRCP 56(c). Appellant Tore, Ltd. (Tore) alleged below that respondent Herbert R. Church, Jr. orally promised to answer for the obligations of a newly-formed corporation Church had been instrumental in organizing. The new ...
106 Nev. 611 (1990) | Cited 39 times
... Per Curiam: Appellant, Charles Lamont Robins (Robins), raises numerous issues on appeal that he contends warrant a reversal of his convictions for first degree murder and felony child abuse with substantial bodily harm. Robins also contests the validity of his death sentence. Our review of the ...
89 P.3d 31 (2004) | Cited 39 times
... Reversed and remanded. BECKER, J., dissented. BEFORE THE COURT EN BANC. 1 OPINION This appeal presents an issue of first impression related to construction defects cases brought under Chapter 40 of the Nevada Revised Statutes. Based on our decision in Calloway v. City of Reno, 2 wherein this ...
106 Nev. 271 (1990) | Cited 39 times
... By the Court, Steffen, J.: The district court dismissed appellant Tor Petersen's complaint on the ground that it was time-barred by the statute of limitations. Petersen, seeking damages for injuries resulting from child sexual abuse (CSA), contends that the lower court erred in refusing to apply ...
83 Nev. 3 (1967) | Cited 39 times
... By the Court, Thompson, C. J.: This appeal is from a conviction of first degree murder and the sentence of death. On March 20, 1965, Mears entered a Safeway store in Sparks, Nevada, and walked to the window of the cashier's booth. He drew a pistol, pointed it at the clerk, and told her to "lay it ...
65 Nev. 584 (1948) | Cited 39 times
... By the Court, Horsey, J.: On the 28th day of February 1947, the defendant Fredrick William Teeter, was, by the verdict of the jury duly sworn and impaneled upon his trial in Department 2 of the Eighth judicial district court [65 Nev. 584, Page 590] of the State of Nevada, in and for the county of ...
107 Nev. 53 (1991) | Cited 38 times
... Per Curiam: Appellant Mark Stewart Emmons was charged with murder in the stabbing death of Jack Perkins, Jr. He and an accomplice, Edward Hassett, hitched a ride with Perkins in Tucson, Arizona, on December 26, 1985. While driving across the Nevada desert, the two men decided to rob Perkins. In ...
97 Nev. 49 (1981) | Cited 38 times
... Per Curiam: This is an appeal from a judgment in an action brought for a declaratory judgment, to quiet title on some mining claims, and to obtain damages for an alleged breach of contract. Ms. Caroline E. Brown was the plaintiff below. Appellant Old Aztec Mine, Inc. (hereafter "Old Aztec") was ...
91 Nev. 756 (1975) | Cited 38 times
... Per Curiam: Petitioner Woofter seeks in this original proceeding the issuance of a writ of mandamus directing the respondent district judge to sentence a defendant in accordance with NRS 193.165, commonly known as the enhanced punishment statute. 1 The district judge sentenced a defendant who had ...
116 Nev. 896 (2000) | Cited 38 times
... Appeal from an order granting a writ of attachment and denying a third-party claim to the attached property. Second Judicial District Court, Washoe County; Brent T. Adams, Judge. Affirmed. OPINION SUMMARY This case presents us with two issues: (1) whether a writ of attachment may be used to ...
221 P.3d 1276 (2009) | Cited 38 times
... Affirmed. CHERRY, J., with whom SAITTA, J., agreed, dissented. BEFORE THE COURT EN BANC. OPINION This appeal raises issues concerning whether a pharmacy owes a duty of care to unidentified third parties who were injured by a pharmacy customer who was driving while under the influence of ...
38 P.3d 877 (2002) | Cited 38 times
... Appeal from a district court order granting summary judgment and certified as final under NRCP 54(b), in favor of Frank Redisi, Jr., in an abuse of process/malicious prosecution case. Eighth Judicial District Court, Clark County; Nancy A. Becker, Judge. Affirmed. OPINION This appeal arises from ...
114 Nev. 441 (1998) | Cited 38 times
... Appeal from summary judgment. Second Judicial District Court, Washoe County; Steven R. Kosach, Judge. Affirmed. Reno Air employed appellant Andrew Barmettler ("Barmettler") from July 1992 to February 1993. In November of 1992, after informing his supervisors that he was suffering from an alcohol ...
102 Nev. 601 (1986) | Cited 38 times
... Per Curiam: On November 21, 1980, a major fire occurred at the MGM Grand Hotel and Casino in Las Vegas, resulting in more than 3,000 liability claims for wrongful death, personal injury and property damage. At the time of the fire, defendants/counterclaimants/respondents MGM Grand Hotels, Inc. and ...
90 Nev. 221 (1974) | Cited 37 times
... By the Court, Thompson, C. J.: This appeal by the State is from an order of the district court granting post-conviction relief in the form of another trial. That court found that Joseph Lischko was denied the effective assistance of counsel in connection with his 1970 trial upon the charge of ...
87 Nev. 478 (1971) | Cited 37 times
... By the Court, Batjer, J.: The facts in this case are not in dispute. On September 12, 1968, the respondent, Gordon John Hinkel, a minor, while operating a Honda motorcycle owned by him, was involved in an accident with an uninsured motorist. The collision was caused by the negligence of the ...
73 Nev. 115 (1957) | Cited 37 times
... By the Court, Merrill, J.: This matter is before this court on review of action taken by the Nevada Tax Commission. This is an appeal taken by the commission from judgment of the court below setting aside the commission's order suspending the gambling licenses theretofore issued by the state to ...
57 P.3d 82 (2002) | Cited 37 times
... Affirmed. ROSE, J., dissented in part. OPINION Appellants, David and Beverly Pegasus, owned and operated Salsa Dave's, a Mexican-American eatery in Sparks, Nevada. Stacy Ferrante, a freelance journalist, wrote a negative review of Salsa Dave's, which was published in the Reno Gazette-Journal ...
100 Nev. 360 (1984) | Cited 37 times
... Per Curiam: This appeal arises from a dispute over the coverage provided by an aviation liability policy. The district court determined that the provision on which the [100 Nev. 360, Page 362] insurer relied to exclude coverage did not apply to a passenger's camera equipment, and ordered the ...
76 Nev. 274 (1960) | Cited 36 times
... By the Court, McNamee, C. J.: Appellant by jury verdict was found guilty of murder in the first degree and the jury by its verdict fixed the penalty at confinement in the state prison for life without possibility of parole. Appeal is from the judgment based on said verdict and from the order ...
101 Nev. 473 (1985) | Cited 36 times
... Per Curiam: The appellant, Gregory Alan Collier, shot and killed a convenience store clerk and robbed the store. Following his arrest and indictment, a jury convicted Collier of first degree murder with use of a deadly weapon, and of robbery with use of a deadly weapon. After a penalty hearing, ...
134 P.3d 111 (2006) | Cited 36 times
... Original petition for a writ of mandamus challenging a district court order denying a motion to dismiss for forum non conveniens or, in the alternative, to apply Arizona law. Petition denied in part and granted in part. MAUPIN, J., dissented in part. BEFORE THE COURT EN BANC. OPINION In this ...
110 Nev. 320 (1994) | Cited 35 times
... By the Court, Rose, C. J.: On the night of April 2, 1988, while riding his motorcycle, appellant David Moody (Moody), an on-duty police officer, turned into the entrance of a parking lot leased by respondent Manny's Auto Repair (Manny's) and owned by respondent Shimon Peress (Peress) and collided ...
91 Nev. 729 (1975) | Cited 35 times
... By the Court, Mowbray, J.: Edward Leroy Smith is charged in a three-count indictment with two counts of first-degree murder in violation of NRS 200. [91 Nev. 729, Page 731] 200.030, subsection 2(a), 1 and with one count of capital murder in violation of NRS 200.030, subsection 1(e). 2 In a ...
106 Nev. 497 (1990) | Cited 35 times
... By the Court, Steffen, J.: The district court entered summary judgment against appellants Charlie Brown Construction Company, Inc. (Brown) and Delta Electric Company, Inc. (Delta), subcontractors on a subdivision project approved by the respondent City of Boulder (City) on six grounds. Two of the ...
107 Nev. 674 (1991) | Cited 35 times
... Per Curiam: This original petition for writ of mandamus or prohibition challenges an order of the respondent district court, Jeffrey D. Sobel, Judge, denying petitioners' motion to strike a peremptory challenge directed against the same judge as successor to litigation presided over by Judge ...
99 Nev. 548 (1983) | Cited 35 times
... Per Curiam: This case arises from the circumstances surrounding issuance of a warrant for appellant C. A. Nelson's arrest based on his failure to appear or otherwise respond to a $4.00 overtime parking ticket. Nelson seeks to hold the arresting officers, the City of Las Vegas, and Clark County ...
99 Nev. 564 (1983) | Cited 35 times
... Per Curiam: Appellant was convicted of three counts of sexual assault. On appeal, he raises several objections to the district court's evidentiary rulings. We hold that certain testimony concerning prior consistent statements of the victim was directly proscribed by the rule of Gibbons v. State, ...
103 Nev. 113 (1987) | Cited 35 times
... Per Curiam: Townsend was charged and convicted of two counts of lewdness with a minor under the age of fourteen years and two counts of sexual assault. He was sentenced to serve two concurrent ten-year terms for the lewdness counts and two concurrent life terms for the counts of sexual assault. ...
107 Nev. 704 (1991) | Cited 35 times
... 1 By the Court, Springer, J.: Having allowed rehearing and argument in regard to the above-captioned matters, the court now issues the following consolidated opinion and decision with regard thereto. D'ANGELO v. GARDNER, ET AL., DOCKET NO. 20452 This is a wrongful discharge case. 2 GEMCO ...
101 Nev. 457 (1985) | Cited 35 times
... Per Curiam: Appellant, Mark James Rogers, was convicted by a jury of murdering three victims, for which he received a sentence of death. Additionally, he was also convicted of attempted murder and grand larceny. On appeal, Rogers raises numerous issues, none of which warrants reversal of the ...
180 P.3d 1172 (2008) | Cited 35 times
... GIBBONS, C.J., with whom DOUGLAS and CHERRY, JJ., agreed, dissented in part. BEFORE THE COURT EN BANC. OPINION In this appeal, we address whether baseball stadium owners and operators have a duty to protect spectators against injuries caused by foul balls that are errantly projected into the ...
99 Nev. 324 (1983) | Cited 34 times
... Per Curiam: Appellant, American International Vacations (American International), appeals from a judgment of the district court reversing a Department of Administration Appeals Officer's decision that an injury was not compensable. Because we agree respondent was involved in an "accident" which ...