Austin Cassell

Document Type

Case Summary

Publication Date

8-15-2024

Case Synopsis

This case pertains to the use of discovery- rule tolling to extend the two-year statute of limitations in NRS 11.190(4)(e). Under the discovery-rule, tolling would not begin until the injured party discovers or reasonably should have discovered the facts supporting their cause of action. The district court read NRS 11.190(4)(e) to not permit discovery-rule extensions due to there being no express mention of such extensions in the statute. However, the Supreme Court held that a proper consideration of history of the statute, stare decisis, and pursuit of fairness and justice allow the discovery rule to be applied to the statue of limitations governing wrongful death and personal injury actions, even when that statute does not expressly incorporate the discovery rule. Therefore, the trial court erred by dismissing the action and the Supreme Court reverses and remands to the district court for further proceedings.

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