NC-DSH, INC. v. Garner

OPINION

By the Court,

Pickering, J.:

Valley Hospital appeals from an order vacating a stipulated final judgment under NRCP 60(b) for fraud on the court. The fraud was committed by Lawrence Davidson, the lawyer who brought this malpractice case for the Garner family, plaintiffs below. Without the knowledge or approval of his clients, Davidson settled their case for $160,000, forged the necessary settlement papers, and disappeared with the money. Because Davidson was the Garners’ agent, albeit a faithless one, the district court conditioned its order on the Garners giving Valley Hospital credit…