Bodine v. Stinson

OPINION

By the Court,

Thompson, J.;

This appeal is from an order of the district court dismissing a wrongful death action commenced by the parents and sole heirs of a deceased passenger against the special administratrix of the estate of the deceased driver. The dismissal rests upon NRS 140.040(3) which precludes liability of the special administratrix to an action by a creditor on a claim against the estate. It is contended that the district court erred since a claim under the wrongful death survival statute [NRS 41.110] 2 is one against the decedent’s personal representatives, and not against…