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MOSELEY v. EIGHTH JUDICIAL DIST. CT.

No. 49533.

188 P.3d 1136 (2008)

Kimberly A. MOSELEY, M.D., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Elizabeth Goff Gonzalez, District Judge, Respondents, and Richard Sinicki, Wayne Sinicki, Susan Sinicki, and Charles Sinicki, as Heirs of the Decedent Joyce Ethel Sinicki; and Richard Sinicki, as the Special Administrator of the Estate of Joyce Ethel Sinicki, Real Parties in Interest.

Supreme Court of Nevada.

July 31, 2008.

Attorney(s) appearing for the Case

Lewis Brisbois, Bisgaard & Smith, LLP, and Michael J. Shannon and V. Andrew Cass, Las Vegas, for Petitioner.

Robert A. Massi, Ltd., and Robert A. Massi, Henderson, for Real Party in Interest.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

PER CURIAM:

In this original petition we consider two primary issues with regard to petitioner's NRCP 25 motion to dismiss a deceased plaintiffs loss of consortium claim. First, we address whether a defendant party who files a suggestion of death on the record is required to name a successor or personal representative for the deceased plaintiff to trigger NRCP 25's 90-day limitation period. We clarify...

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