Monday, July 6, 2020 - Carson City - Full Court

First Transit, Inc. vs. Chernikoff
Docket Number: 70164
Carson City - 10:00 a.m. - Full Court

This case returns to the court for reargument following decision and the grant of rehearing that followed.  On the merits, this is an appeal from a $15 million jury verdict in a wrongful death action. Harvey Chernikoff, a 51-year-old intellectually disabled man, choked and died while eating a sandwich on one of appellant First Transit’s buses. A jury found First Transit 100% liable for Harvey’s pain and suffering and his parents’ lost filial consortium.

ISSUES:

The issues on appeal are: (1) whether the district court erred by excluding Harvey, whose estate was not a party in the case, from the jury verdict form that apportioned fault; (2) whether the district court abused its discretion by instructing the jury that First Transit had a heightened duty of care toward Harvey as a common carrier and due to Harvey’s mental disability; and (3) whether the $15 million verdict was excessive and given under the influence of passion and prejudice, or the jury’s disregard of the jury instructions, or was the result of attorney misconduct in closing arguments.

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

Wynn vs. The Associated Press
Docket Number: 77708
Carson City - 11:00 a.m. - Full Court

This is an appeal from a district court order dismissing a defamation complaint.

ISSUES:

The primary issue is whether a news article based on a police report that did not lead to further investigation or proceedings is protected by the fair report privilege.

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

Byrne vs. Sunridge Builders, Inc.
Docket Number: 77668
Carson City - 1:00 p.m. - Full Court

This is an appeal from a district court nunc pro tunc order granting respondents Sunridge Builders, Inc. (Sunridge), Lands West Builders, Inc. (Lands West), Green Planet Landscaping, LLC (Green Planet), and other joining parties’ joint motion for summary judgment in a construction defect lawsuit, and an order granting Lands West’s motion for attorneys’ fees.  General contractor Sunridge and numerous subcontractors substantially completed the construction of a home in May 2009, which appellant Janette Byrne, in her capacity as trustee of the UOFM Trust, subsequently purchased.  In 2015, the Legislature shortened the statute of repose for construction defect claims from up to 12 years to six years, applied retroactively, and established a one-year grace period to commence an action for claimants whose claims would otherwise expire.  During the grace period, Byrne served some respondents with notices of constructional defects pursuant to NRS 40.645 (Chapter 40 Notices), which ordinarily tolls the statute of repose for up to one year.  Byrne did not file her lawsuit until after the grace period.  Respondents moved for summary judgement on the basis that the statute of repose barred Byrne’s claims, which the district court granted.  The district court also awarded attorneys’ fees to Lands West.  Byrne appeals.

ISSUES:

The issues are (1) whether the statute of repose barred Byrne’s claims when Byrne served Chapter 40 Notices during the grace period, (2) whether the statute of repose barred Byrne’s claims against the subcontractor Green Planet when Byrne did not serve Green Planet with a Chapter 40 Notice, and (3) whether the district court abused its discretion in awarding attorneys’ fees to Lands West.

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