 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Alsenz v. Twin Lakes Village12/22/1992
Per Curiam:
Case involves an action for wrongful death. On June 10, 1990, Misty Alexander (Misty) drove her car into a flooded intersection in Las Vegas. Respondents had constructed allegedly defective flood control channels in the intersection. The flood waters swept Misty's vehicle into one of the channels. She drowned. On September 25, 1990, Misty's estate filed a wrongful death action against respondents.
Case involves an action for damages to real property. On June 10, 1990, rainstorms caused flooding in Las Vegas. Appellant homeowners suffered damages to their real and personal property as a result of the flooding. On July 26, 1990, the homeowners brought suit against the respondent developers, alleging various claims of deficient construction.
In both cases respondents moved to dismiss the actions for failure to state a claim upon which relief could be granted, pursuant to NRCP 12(b)(5). Because the district court in each case considered matters outside the pleadings, each motion was treated as one for summary judgment. In each case the district court granted summary judgment for respondents, holding that NRS 11.202-11.205 barred the claims.
The district court in both cases ruled that the statutes of repose enacted in 1983 barred the actions. See NRS 11.203-11.205. The single issue in these consolidated appeals is whether the district court erred in applying the statutes of repose. For the reasons stated below, we conclude that the district court erred in both cases. We therefore reverse both district court judgments and remand these matters for further proceedings consistent with this opinion.
[108 Nev. 1117, Page 1120]
NRS 11.203-11.205
A statute of repose is distinguishable from a statute of limitations. As we stated in Allstate Ins. Co. v. Furgerson, 104 Nev. 772, 775 n.2, 766 P.2d 904, 906 n.2 (1988): “Statutes of repose” bar causes of action after a certain period of time, regardless of whether damage or an injury has been discovered. In contrast, “statutes of limitation” foreclose suits after a fixed period of time following occurrence or discovery of an injury.
The legislature enacted the statutes of repose to protect persons engaged in the planning, design and construction of improvements to real property who otherwise would endure unending liability, even after they had lost control over the use and maintenance of the improvement. Nevada Lakeshore Co. v. Diamond Elec., Inc., 89 Nev. 293, 295-96, 511 P.2d 113, 114 (1973).
Nevada's statutes of repose, NRS 11.203-11.205, bar actions for deficient construction after a certain number of years from the date of construction was substantially completed. NRS 11.203(1) provides that an action based on a known deficiency may not be brought “more than 10 years after the substantial completion of such an improvement. . . .” NRS 11.204(1) provides that an action based on a latent deficiency may not be commenced “more than 8 years after the substantial completion of such an improvement. . . .” NRS 11.205(1) provides that an action based on a patent deficiency may not be not commenced “more than 6 years after the substantial completion of such an improvement. . . .”
In 1983, we held that the then-existing version of NRS 11.205 was unconstitutional. State Farm v. All Electric, Inc., 99 Nev. 222, 229, 660 P.2d 995, 1000 (1983), modified, Wise v. Bechtel Corp., 104 Nev. 750, 754, 766 P.2d 1317, 1319 (1988). The legislature responded in 1983 by enacting the current versions of the statutes. We subsequently noted that our holding in All Electric, Inc. rendered NRS 11.205 void ab initio. Nevada Power v. Metropolitan Dev. Co., 104 Nev.
Page 1 2 3 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|