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BERNARDINI v. SALAS

No. 5566.

448 P.2d 43 (1968)

Stanley BERNARDINI, Appellant, v. Geraldine SALAS, Individually and as Guardian ad Litem for James William Salas and Michael Salas, Respondent.

Supreme Court of Nevada.

Rehearing Denied January 8, 1969.

Attorney(s) appearing for the Case

Goldwater, Taber, Hill & Mortimer, Reno, for appellant.

Murray V. Dolan, Sparks, for respondent.

OPINION

THOMPSON, Chief Justice.

The issue on this appeal is whether the district court abused its discretion in granting a new trial to the plaintiff on the ground of newly discovered evidence.

A wrongful death action, premised upon gross negligence, was commenced by the heirs of a deceased guest against the driver of a Jeep. The Jeep had overturned at night while descending a narrow, steep, winding, dirt mountain road. The three occupants of the...

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