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The Court determined that vicarious liability is not abrogated by NRS 41A.045or by settling with one tortfeasor, unless the settlement so provides. Further, whether an ostensible agency exception exists is a question of fact that must be determined by the jury. Finally, after finding that federal law preempts NRS 42.021, the Court reverted to the per se rule in Nevada that collateral source payments may not be admitted into evidence.

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