Fernandez v. Kozar

OPINION

Appellants, heirs of the late Roman Fernandez, Sr. (“Roman”), have appealed from summary judgment entered below on grounds that their wrongful death claim was untimely filed. The district court ruled that the claims filed against respondents Dr. Mark Kozar and Washoe Medical Center as substituted Doe defendants in a second amended complaint filed on August 18, 1989, were not within the purview of NRCP 10(a) 1 and therefore did not relate back to the original complaint filed on December 31, 1985. Because we have concluded that the district court did not apply the correct legal standard…