Wednesday, May 12, 2021-Carson City-J. Cadish, J. Pickering, and J. Herndon

77652 SNODGRASS VS. BANGO OIL, LLC
Docket Number: 77652
Carson City - 10:00 A.M. - Northern Nevada Panel

This is an appeal from a district court summary judgment order in a tort action. Respondent Bango Oil owned an oil and asphalt production facility in Fallon, Nevada. In 2010, Bango Oil leased the facility to nonparty Bango Refining NV who operated the refinery from that time forward. Appellant Daniel Snodgrass, who was employed by Bango Refining NV, was severely injured while working at the refinery when an asphalt flux storage tank exploded. Snodgrass filed suit against Bango Oil as the landowner of the facility for negligence, gross negligence, premises liability, nuisance, civil conspiracy, abnormally dangerous activity, and punitive damages. The district court granted Bango Oil’s summary judgment motion as to all seven of Snodgrass’s claims.

ISSUES:

On appeal, we consider whether the district court erred in (1) granting summary judgment against Snodgrass' negligence-based claims on the ground that Bango Oil did not owe him a duty, where he contends that NRS 459.3829 placed a non-delegable duty on Bango Oil; (2) granting summary judgment against Snodgrass' abnormally dangerous activity claim on the ground that the activity involved was not abnormally dangerous; (3) in granting summary judgment against Snodgrass' nuisance claim on the basis that there was no recurring condition on the property and even if there was, any liability was delegated; and (4) granting summary judgment against Snodgrass' civil conspiracy claim on the ground that it was based upon mere suspicion.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

79224 STATE, DEP'T OF BUS. AND INDUS. VS. TITLEMAX OF NEV., INC.
Docket Number: 79224
Carson City - 1:00 A.M. - Northern Nevada Panel

The State of Nevada’s Financial Institution Division of the Department of Business and Industry (“FID”) appeals from judgment in favor of TitleMax Nevada, LLC.

ISSUES:

FID contends that the district court improperly granted TitleMax declaratory relief. FID asserts that the district court improperly found that TitleMax’s refinancing loan did not impermissibly constitute an extension or violate NRS 604A.5074(3)’s 210-day title loan amortized interest requirement. Finally, FID argues that the district court erred when it found that NRS 604A.5076(1)’s provision limiting title loans to the fair market value of the vehicle securing the loan only included the principal amount of the loan.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do