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Langon v. Matamoros5/26/2005
ation of NRS 41.133 to misdemeanor traffic violations would directly conflict with NRS 41.141, Nevada's comparative negligence statute, thus thwarting a more specific legislative purpose. First, NRS 41.141 insulates a defendant from liability in cases in which a plaintiff's comparative negligence exceeds that "of the parties to the action against whom recovery is sought." Second, NRS 41.141 reduces the extent of the defendant's liability when the comparative negligence of the plaintiff is found to be less than 51 percent of the total causal negligence. If NRS 41.133 were applied as Langon suggests, discretionary police decisions to issue traffic citations, regardless of potential evidence of comparative negligence, would serve to conclusively override the basic statutory construct governing the law of negligence. Such an approach would render the comparative negligence scheme of NRS 41.141 meaningless in this context.
Remaining Assignments of Error
Langon asserts that the district court erred in rejecting his proposed jury instruction on negligence per se. He further contends that the district court abused its discretion in refusing to allow the police officer who responded to the scene to testify as an expert, admitting a letter by Langon's treating chiropractor, and admitting Langon's employment records. We have considered these arguments and conclude that they lack merit.
CONCLUSION
Because NRS 41.133 does not apply to misdemeanor traffic offenses, convictions entered upon traffic citations may not be used to conclusively establish civil liability. We therefore affirm the judgment below and the order denying post-trial motions.
DOUGLAS and PARRAGUIRRE, JJ., concur.
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