CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
title
Authorize Petition for Writ of Mandamus Action to Supreme Court of Nevada and Third-Party Action against James F. Thomson, Jr. dba American Southwest Electric in Heather Saunders, et al. v. Clark County, et al., EJDC Case No. A-24-897734-C. (For possible action)
body
FISCAL IMPACT:
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Fund #: |
1010.000 |
Fund Name: |
General Fund |
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Fund Center: |
1080716000 |
Funded PGM/Grant: |
N/A |
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Amount: |
Up to $5,000 |
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Description: |
Miscellaneous court fees and related expenses |
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Additional Comments: |
N/A |
BACKGROUND:
The allegations in Heather Saunders, et al. v. Clark County, et al., Case No. A-24-897734-C arise from an incident that occurred at Clark County's Nellis Meadows Park on or around September 1, 2022, when an employee of James F. Thomson, Jr., dba, American Southwest Electric ("ASE") was electrocuted while working under a contract with Clark County, Bid No. 605736-20, to update the park including the removal and replacement of the existing electrical and lighting systems.
As Clark County is the property owner of Nellis Meadows Park and ASE is a licensed contractor, the exclusive remedy provision of the Nevada Industrial Insurance Act ("NIIA") bars claims like those raised in Case No. A-24-897734-C where the injury sustained is an inherent risk of the work being performed under the contract between the property owner and the contractor. As electrocution is an inherent risk associated with the removal and replacement of electrical systems, Clark County moved to dismiss the Plaintiffs' claims as being barred by the NIIA, but its motion was denied by the district court.
As the NIIA exclusive remedy provision implicates subject matter jurisdiction and is intended to prevent property owners and employers from being subject to onerous litigation obligations and double recovery for covered incidents, the instant case is of the type that is appropriate for review by the Nevada Supreme Court on a petition for a writ of mandamus. 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 pursuant to the NIIA.
Should the Nevada Supreme Court decline to hear the petition for writ of mandamus, Clark County will also need to pursue third-party claims against ASE for contractual indemnity, breach of contract, contribution, etc. Accordingly, the Clark County District Attorney's Office hereby also requests authority to file a Third-Party Complaint against ASE in the underlying district court case.