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 2014-07

Browder, M.D. v. Dist. Ct. (Wright) ( 2014 )


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  •                  motion for partial summary judgment. Eighth Judicial District Court,
Clark County; Adriana Escobar, Judge.
Petitioners, state medical providers, petition this court for a
writ of mandamus directing the district court to grant their motion for
partial summary judgment regarding the proper application of NRS
41.035's cap on damages to the medical malpractice allegations in this
case. However, petitioners have not shown that this court should exercise
its discretion to entertain this extraordinary relief request.   We the People
Nev. ex rel. Angle v. Miller,
    124 Nev. 874
    , 880,
    192 P.3d 1166
    , 1170 (2008).
First, petitioners have a plain, speedy and adequate remedy:
they may appeal the district court's damages cap decision upon the entry
of the final judgment. Pan v. Eighth Judicial Dist. Court,
    120 Nev. 222
    ,
225,
    88 P.3d 840
    , 841 (2004). Second, the issue is not a purely legal
question of first impression with widespread application.         See State v.
Webster,
    88 Nev. 690
    , 695,
    504 P.2d 1316
    , 1320 (1972) (whether one or
more caps may apply turns on whether the allegations are sufficiently
"separate, distinct and independent" thus that they may be separately
maintained); see also Clark Cnty. Sch. Dist. v. Richardson Constr., Inc.,
    123 Nev. 382
    , 390 n.11,
    168 P.3d 87
    , 92 n.11 (2007) (collecting cases
interpreting NRS 41.035). Finally, judicial economy would not be served
by this court entertaining this writ petition: regardless of how the statute
applies, the malpractice issues are going to trial   Compare Cnty. of Clark,
ex rel. Univ. Med. Ctr. v. Upchurch,
    114 Nev. 749
    , 759-60,
    961 P.2d 754
    ,
761 (1998) (holding that the district court did not abuse its discretion in
granting declaratory relief on how NRS 41.035 applied to medical
malpractice claims before the state actor's liability had been established
because an immediate decision on the damages caps issue likely would
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have resulted in a settlement, thus ending the case very early on).
Accordingly, we
ORDER the petition DENIED.
C.J.
Gibbons
ift-411
Hardesty
I
Parraguirre
ca8          J.
Douglas
J.
J.
Saitta
cc: Hon. Adriana Escobar, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Patrick K. McKnight
Ramzy P. Ladah
Eighth District Court Clerk
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