February 7 , 2024, Oral Arguments
Limprasert vs. Pam Specialty Hosp. of Las Vegas LLC
Las Vegas– 10:00 a.m. – Full Court
Sierra Health & Life Ins. Co. vs Eskew
Las Vegas – 11:30 a.m. – Full Court
Limprasert vs. Pam Specialty Hosp. of Las Vegas LLC
Docket No. 84607
Las Vegas– 10:00 a.m. – Full Court
Appellant Somsak Limprasert sued respondent PAM Specialty Hospital of Las Vegas, LLC, after Limprasert was injured by PAM workers who failed to physically support him after they assisted him to stand. The district court granted PAM’s motion to dismiss, and Limprasert appealed. The court of appeals reversed and remanded. PAM successfully petitioned this court for NRAP 40B review. Limprasert argues on appeal that his claims sound in ordinary negligence or in the alternative, if his claims sound in medical malpractice, that he satisfied the requirements of filing an affidavit for a medical malpractice claim.
Sierra Health & Life Ins. Co. vs Eskew
Docket No. 85369
Las Vegas – 11:30 a.m. – Full Court
Respondent Sandra Eskew, on behalf of her deceased husband’s estate, sued appellant Sierra Health and Life Insurance Company (SHL) for insurance bad faith after SHL determined her husband’s preferred lung cancer treatment was not covered by his health insurance plan. A jury awarded respondent $40 million in compensatory damages for emotional distress and mental pain and suffering, and $160 million in punitive damages. SHL now appeals from the final judgment and a post-judgment order denying a motion for a new trial or remittitur. Issues: Whether (1) appellant is entitled to judgment as a matter of law on the insurance bad faith claim and/or the issue of punitive damages; (2) an insurance bad faith plaintiff must prove economic loss as a prerequisite to obtaining noneconomic damages; and (3) the district court erred in denying appellant’s motion for a new trial or remittitur.