Nevins, M.d. v. Martyn C/w 85247/85541/85596

Summary

The Nevada Supreme Court affirmed the professional-negligence judgment and denial of a new trial, holding that the pre-2015 version of the res ipsa loquitur statute permitted the instruction despite expert testimony and that the noneconomic-damages cap applied to the vicariously liable professional entities. It affirmed the attorney-fee award as modified because the statutory contingent-fee limits applied to the entities and could not be waived, and it reversed and remanded the costs ruling because the district court did not adequately apply the expert-fee factors. The court also upheld the denial of a new trial based on alleged juror misconduct and the district court's Beattie and Brunzell analyses.