Legal Opinion · Concurrence

ASAP Storage, Inc. v. City of Sparks

Nevada Supreme Court

Decided December 27, 2007No. 45756Published

1ConcurrenceMaupin, C. J.

I concur in the majority opinion, but would resolve the latent ambiguity identified with regard to NRS 414.110(1). In my view, NRS 414.110(1) does not bar appellants’ claims of gross negligence against the City of Sparks.

The State of Nevada has qualifiedly waived its sovereign immunity and that of its political subdivisions, including the City, in NRS Chapter 41. NRS 414.110(1) re-creates governmental immunity in connection with acts of negligence in the performance of emergency management. But, as we have said in other contexts, re*658strictions on the waiver of sovereign immunity under NRS…

2Cases cited4 opinions

  1. Evans v. Dean Witter Reynolds, Inc.Nevada Supreme Court · 2000
  2. State v. SilvaNevada Supreme Court · 1970
  3. Smith's Food & Drug Centers, Inc. v. BellegardeNevada Supreme Court · 1998
  4. Nittinger v. HolmanNevada Supreme Court · 2003

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