Piroozi v. Eighth Judicial Dist. CourtAnnotate this Case
Real parties in interest filed a professional negligence action against several healthcare providers. All defendants settled except for Petitioners. During pretrial proceedings, real parties in interest filed a motion in limine to bar Petitioners from arguing the comparative fault of the settled defendants at trial and including those defendants’ names on jury verdict forms. The district court granted the motion. Petitioners subsequently asked the Supreme Court to issue a writ of mandamus ordering the district court to allow Petitioners to argue the comparative fault of the settled defendants and to include those defendants’ names on the jury verdict form for the purpose of allocating liability among all defendants. At issue before the Supreme Court was Nev. Rev. Stat. 41A.045, which makes healthcare provider defendants severally liable in professional negligence actions for economic and noneconomic damages. The Supreme Court granted a writ of mandamus, holding that the provision of several liability found in section 41A.045 entitles a defendant in a healthcare provider professional negligence action to argue the percentage of fault of settled defendants and to include the settled defendants’ names on applicable jury verdict forms where the jury could conclude that the settled defendants’ negligence caused some or all of the plaintiff’s injury.