Coty v. Washoe County

*758OPINION

By the Court,

Mowbray, C. J.:

The sole issue on appeal is whether the appellants have set forth facts sufficient to sustain a wrongful death action by asserting that a deputy sheriff “affirmatively caused” their harm, pursuant to NRS 41.0336(2), in detaining, but not arresting, an intoxicated driver. We conclude they have not.

THE FACTS

On April 14, 1990, during the Easter holiday weekend, Jamie Ray Anderson (“Anderson”), age 19, was driving his 1972 Firebird automobile in a southerly direction on Pyramid Lake Highway. At approximately 8:00 p.m., Deputy Gregg Lubbe (“Deputy Lubbe”), a…