Connell v. Carl's Air Conditioning

OPINION

By the Court,

Batjer, J.:

Lorraine Connell filed a complaint on December 9, 1975 against Patrick Higgins 1 and his employer, Carl’s Air Conditioning (Carl’s), for damages she sustained as a result of an automobile collision. Higgins was apprehended as the driver of a hit and run vehicle that had crashed into Connell’s vehicle at approximately 5:15 p.m. on October 16, 1975. Higgins died of unrelated causes before the trial. However, his deposition taken in January, 1977 was received in evidence and read to the jury.

At the close of the plaintiff’s case, Carl’s moved under NRCP 41(b) for…