Narrative Opinion Summary
The Supreme Court of Nevada addressed the dismissal of a third-party complaint by Nevada Power Company against Metropolitan Development Company, originally dismissed by the district court based on the statute of limitations under NRS 11.205. The Supreme Court found the statute had been improperly applied retroactively, as the original cause of action predated the statute's enactment and lacked explicit legislative intent for retroactivity. The court declared the previous version of NRS 11.205 unconstitutional. Consequently, the court ruled that NRS 11.190(4)(e) was the appropriate statute of limitations, permitting a two-year period for personal injury claims. The court concluded that Cordaro's personal injury claim was timely, allowing Nevada Power's third-party complaint to proceed under N.R.C.P. 14(a). The Supreme Court also addressed the appellant's contention that the district court improperly considered extrinsic matters, which was acknowledged as valid. As a result, the Supreme Court reversed the district court's decision and remanded the case for further proceedings, effectively allowing the continuation of Nevada Power's legal action against Metropolitan Development Company.
Legal Issues Addressed
Consideration of Extrinsic Matters in Motion to Dismisssubscribe to see similar legal issues
Application: The appellant's argument that the district court improperly considered extrinsic matters, effectively turning the motion into one for summary judgment, was acknowledged by the court.
Reasoning: The appellant argues that the district court improperly considered extrinsic matters, turning the motion into one for summary judgment, which has some validity.
Procedural Requirements for Third-Party Complaintssubscribe to see similar legal issues
Application: The court held that Nevada Power's third-party complaint against Metropolitan Development Company was permissible under N.R.C.P. 14(a), reversing the district court's dismissal.
Reasoning: Cordaro's suit was timely filed, and therefore, Nevada Power's third-party complaint is permitted to proceed under N.R.C.P. 14(a).
Retroactive Application of Statutessubscribe to see similar legal issues
Application: The court determined that the district court incorrectly applied NRS 11.205 retroactively, as the cause of action occurred prior to the statute's enactment and lacked clear legislative intent for retroactivity.
Reasoning: However, the court found that the district court incorrectly applied NRS 11.205 retroactively to a cause of action that occurred on March 24, 1982, prior to the statute's enactment on May 24, 1983.
Statute of Limitations for Personal Injury Claimssubscribe to see similar legal issues
Application: The appropriate statute of limitations for the case was determined to be NRS 11.190(4)(e), which allows for a two-year filing period for personal injury claims, thus rendering Cordaro's suit timely.
Reasoning: The appropriate statute of limitations applicable to Cordaro's case is NRS 11.190(4)(e), allowing for a two-year filing period for personal injury claims.