Lemasters v. Univ. Medical Ctr. ( 2015 )

 appellant's injury appreciably manifested after the 2007 CT scan. See
Libby v. Eighth Judicial Dist. Court, 130 Nev., Adv. Op. 39, 325 P.3d 1276,
1280 (2014) (explaining that NRS 41A.097(2)'s three-year statute of
limitations period "begins to run once there is an appreciable
manifestation of the plaintiffs injury"). Because it is possible that
appellant's injury did not appreciably manifest until June 2010 and
because we must draw all inferences in appellant's favor, we conclude that
appellant's complaint should not have been dismissed under NRCP
12(b)(5). See Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-
28, 181 P.3d 670, 672 (2008) (explaining that this court conducts a de novo
review of an NRCP 12(b)(5) dismissal order and presumes that all facts in
the complaint are true and draws all inferences in favor of the complaint).
Accordingly, we
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.'
J.
itAceet tUf ,J.
Pickering
1 Because we reverse on these grounds, we need not address
appellant's additional arguments. See Miller v. Burk, 124 Nev. 579, 588-
89 & n.26, 188 P.3d 1112, 1118-19 & n.26 (2008) (explaining that this
court need not address issues, even constitutional issues, if they are
unnecessary to resolve the case at hand).
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Michael Villani, District Judge
William C. Turner, Settlement Judge
Maddox, Isaacson & Cisneros, LLP
Maddox, Segerblom & Canepa, LLP
Hutchison & Steffen, LLC
Parker, Nelson & Associates
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) NITA °eV,