COTY v. WASHOE COUNTY

No. 22108

839 P.2d 97 (1992)

Lauren A. COTY, Individually and as Special Administratrix of the Estate of Mark L. Coty and Carl R. Blincoe and Pamela J. Sizemore, as Guardians Ad Litem of Alexander R. Blincoe, a minor, and Carl R. Blincoe, Appellants, v. WASHOE COUNTY, Washoe County Sheriff's Department, Gregg Lubbe, Daniel L. Cavallo and Nick P. Buganski, Respondents.

Supreme Court of Nevada.

September 3, 1992


Attorney(s) appearing for the Case

Petersen & Petersen, Reno, for Blincoe and Sizemore.

Bradley & Drendel, and William C. Jeanney, Reno, for Coty.

Dorothy Nash Holmes, Dist. Atty., Edward Dannan, Chief Deputy Dist. Atty., and Chester H. Adams, Deputy Dist. Atty. Margo Piscevich, Reno, for respondents.

Nick P. Buganski, in pro. Per.


OPINION

MOWBRAY, Chief Justice.

The sole issue on appeal is whether the appellants have set forth facts sufficient to sustain a wrongful death action by asserting that a deputy sheriff "affirmatively caused" their harm, pursuant to NRS 41.0336(2), in detaining, but not arresting, an intoxicated driver. We conclude they have not.

THE FACTS

On April 14, 1990, during the Easter holiday weekend, Jamie Ray Anderson ("Anderson"), age 19, was...

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