Moseley v. Eighth Judicial District Court

OPINION

In this original petition we consider two primary issues with regard to petitioner’s NRCP 25 motion to dismiss a deceased plaintiff’s loss of consortium claim. First, we address whether a defendant party who files a suggestion of death on the record is required to name a successor or personal representative for the deceased plaintiff to trigger NRCP 25’s 90-day limitation period. We clarify that a suggestion of a plaintiff’s death filed by a defendant is generally sufficient to trigger the 90-day limitation period within which the remaining plaintiffs or the deceased party’s successor…