Simmons v. BrionesAnnotate this Case
Respondent sued Appellant for damages arising out of a motor vehicle accident. An arbitrator found in favor of Appellant and awarded him damages. After a trial de novo, a jury found in favor of Respondent and awarded him damages. Because Respondent’s award failed to exceed the arbitration award by twenty percent, Respondent was liable for Appellant’s attorney fees and costs. The short trial judge offset the damages and attorney fees and costs awards and entered a net judgment in favor of Appellant. After Respondent failed to pay the judgment, the Nevada Department of Motor Vehicles (DMV) suspended Respondent’s driving privileges until the judgment was satisfied under Nev. Rev. Stat. 485.302. Respondent requested an administrative hearing to contest the suspension, arguing that section 485.302 did not apply because he was not an uninsured driver and the judgment was not for personal injury or property damages. An administrative law judge agreed with Respondent and dismissed and rescinded the suspension. Appellant filed a petition for judicial review. The district court denied the petition. The Supreme Court affirmed, holding (1) the judgment for attorney fees and costs was not a “judgment” for purposes of chapter 485; and (2) therefore, the DMV was not required to suspend Respondent’s driving privileges upon receipt of the judgment.