Shepard v. Harrison

OPINION

This is an appeal from a summary judgment and a dismissal under NRCP 41(b) in an action for property damages. Because we believe that triable issues of fact remain, we reverse and remand.

Appellants (the Shepards) and .respondent Harrison owned adjacent residences in a Las Vegas neighborhood. Harrison’s property was located at an elevation higher than the Shepard’s property.

Harrison had a swimming pool in his backyard. A concrete terrace surrounded the pool, and a cinder block wall enclosed the rectangular pool area on all four sides. One side of the wall ran along the boundary between…