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BANKS EX REL. BANKS v. SUNRISE HOSP.

No. 38801.

102 P.3d 52 (2004)

Otho Lee BANKS, as Guardian Ad Litem for James Lee BANKS, Jr.; and James Lee Banks, Jr., Individually, Appellants/Cross-Respondents, v. SUNRISE HOSPITAL, Respondent/Cross-Appellant.

Supreme Court of Nevada.

December 17, 2004.

Attorney(s) appearing for the Case

Albert D. Massi, Ltd., and Patricia J. Bowling, Las Vegas; Myers & Gomel, P.C., and Jeffrey R. Gomel, Las Vegas, for Appellants/Cross-Respondents.

Dennett & Winspear, LLP, and Ryan L. Dennett, Las Vegas; Hall, Prangle & Schoonveld, LLC, and Kenneth M. Webster, Las Vegas; Cooper & Scully, P.C., and R. Brent Cooper and Diana L. Faust, Dallas, Texas, for Respondent/Cross-Appellant.

Before the Court En Banc.

OPINION

AGOSTI, J.

On August 25, 1995, James Banks, Jr. (James), while undergoing rotator cuff surgery at Sunrise Hospital, suffered cardiac arrest. James has since that time persisted in a permanent vegetative state. James and his guardian ad litem, Otho Lee Banks (collectively, Banks) sued Sunrise Hospital, the surgeon and the anesthesiologist. The surgeon and anesthesiologist settled with Banks shortly before trial. A jury found Sunrise liable...

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