Massey v. Sunrise Hospital

OPINION

Bertha and Donald Massey initiated a claim against Sunrise Hospital for professional malpractice. They later amended their complaint to name Ralph J. Litton, M.D., as a co-defendant. Dr. Litton was granted a separate trial in order to hear his statute of limitations defense. A jury returned a verdict in favor of Dr. Litton. Later, Sunrise Hospital moved to dismiss for want of prosecution pursuant to NRCP 41(e). The district court granted this motion. The Masseys argue that the district court erred in its construction of the rule. We agree. Therefore, we reverse and remand for further…