Legal Opinion
Clark County School District v. Richardson Construction, Inc.
Nevada Supreme Court
Decided October 4, 2007No. 40976PublishedCited by 47 opinions
1Opinion of the Court
OPINION
By the Court, Hardesty, J.:
In this appeal, we consider whether appellant Clark County School District (CCSD) waived its right to assert the statutory damages limitation under NRS 41.035, which limits tort damages against a political subdivision to $50,000, when it did not mention the statutory cap as an affirmative defense in its answer to respondent Richardson Construction, Inc.’s district court complaint.
We conclude that CCSD cannot waive its statutory damages protection, even though CCSD did not raise the statutory cap issue in its answer. Therefore, under NRS 41.035, any tort…
2Cases cited32 opinions
- Baker v. General Motors Corp.Supreme Court of the United States · 1998
- Wisconsin Knife Works v. National Metal CraftersCourt of Appeals for the Seventh Circuit · 1986
- Rochelle Saks v. Franklin Covey Co. And Franklin Covey Client Sales, Inc.Court of Appeals for the Second Circuit · 2003
- Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
- Joan Hassan, Dinesh Hassan v. United States Postal ServiceCourt of Appeals for the Eleventh Circuit · 1988
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3Cited by47 opinions
- Picus v. Wal-Mart Stores, Inc.District Court, D. Nevada · 2009
- Humphries v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2013
- Dictor v. Creative Management Services, LLCNevada Supreme Court · 2010
- Webb Ex Rel. Webb v. Clark County SchoolNevada Supreme Court · 2009
- Southern Wine & Spirits v. Mountain Valley Spring Co.Court of Appeals for the Eighth Circuit · 2011
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