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CLARK CTY. SCH. DIST. v. RICHARDSON CONSTR.

No. 40976.

168 P.3d 87 (2007)

CLARK COUNTY SCHOOL DISTRICT, Appellant, v. RICHARDSON CONSTRUCTION, INC., A Nevada Corporation, Respondent.

Supreme Court of Nevada.

October 4, 2007.

Attorney(s) appearing for the Case

Lewis & Roca, LLP, and Daniel F. Polsenberg and Heidi J. Parry Stern, Las Vegas; Kolesar & Leatham, Chtd., and Alan J. Lefebvre, Las Vegas, for Appellant.

Lemons Grundy & Eisenberg and Robert L. Eisenberg, Reno; Parker Nelson & Arin, Chtd., and Theodore Parker III, Las Vegas, for Respondent.

BEFORE MAUPIN, C.J., GIBBONS and HARDESTY, JJ.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider whether appellant Clark County School District (CCSD) waived its right to assert the statutory damages limitation under NRS 41.035, which limits tort damages against a political subdivision to $50,000, when it did not mention the statutory cap as an affirmative defense in its answer to respondent Richardson Construction, Inc.'s district court complaint.

We conclude that CCSD cannot...

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