CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
Petitioner:
Steven B. Wolfson, District Attorney
Recommendation:
title
Authorize Petition for Writ of Mandamus Action to Supreme Court of Nevada in Williams, et al. v. Nevada Property 1 LLC, et al., Case No. A-24-908905-C. (For possible action)
body
FISCAL IMPACT:
Fund #:
1010.000
Fund Name:
General Fund
Fund Center:
9990108000
Funded PGM/Grant:
N/A
Amount:
Up to $5,000
Description:
Miscellaneous court fees and related expenses
Additional Comments:
BACKGROUND:
The allegations in Williams, et al. v. Nevada Property 1 LLC, et al., Case No. A-24-908905-C arise from an incident that occurred at a restaurant at the Cosmopolitan where a diner with a shellfish allergy consumed shrimp. CCFD arrived and found the patient in cardiac arrest. They transported him to Sunrise Hospital where he died.The allegations against CCFD constitute allegations of negligence and/or a failure to provide more efficient treatment for which CCFD is immune pursuant to NRS 41.0336. The court denied CCFD's motion to dismiss the allegations against it claiming that the court could never grant a motion to dismiss where Plaintiff had alleged an exception to NRS 41.0336 applied. NRS 41.0336, the codification of the public duty doctrine, is an immunity from suit that should be resolved at the earliest stage of litigation. It is intended to preclude police and fire departments from getting bogged down in costly, burdensome discovery and trial when the immunity applies. Accordingly, the Clark County District Attorney's Office hereby requests authority to file a Petition for Writ of Mandamus with the Supreme Court of Nevada compelling the Eighth Judicial District Court to grant its motion to dismiss CCFD from this case pursuant to NRS 41.0336.