Fausto v. Sanchez-Flores
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The Supreme Court held that the two-year limitations period of Nev. Rev. Stat. 11.190(4)(e) for commencing actions to recover for personal injuries or wrongful death is subject to equitable tolling and that Appellant failed to demonstrate that her circumstances warranted equitable tolling of section 11.190(4)(e).
Plaintiff filed a civil torts complaint two and a half years after an alleged sexual assault occurred, alleging that Defendant sexually assaulted her. Defendant filed a motion to dismiss based on Nev. Rev. Stat. 11.190(4)(e), which imposes a two-year limitations period for wrongful death and personal injury claims. In response, Plaintiff argued that the limitations period should be tolled. The district court granted Defendant's motion, finding that equitable tolling of the statute of limitations did not apply. The Supreme Court affirmed, holding (1) section 11.190(4)(e) is subject to equitable tolling; but (2) Plaintiff failed to meet the relevant tolling factors in this case.
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