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RIVERA v. PHILIP MORRIS, INC.

No. 49396.

209 P.3d 271 (2009)

Joe RIVERA, Individually and as Guardian Ad Litem for Joseph Rivera, V, and Jenica Rivera, Minors, and Joe Rivera as Special Administrator to the Estate of Pamela Rivera, Appellants, v. PHILIP MORRIS, INCORPORATED, a Virginia Corporation, Respondent.

Supreme Court of Nevada.

June 4, 2009.

Attorney(s) appearing for the Case

Gillock, Markley & Killebrew, PC, and Gerald I. Gillock, Las Vegas; Johnson Flora, PLLC, and Mark A. Johnson, Seattle, WA, for Appellants.

Jones Vargas and Clark V. Vellis and John P. Desmond, Reno; Munger, Tolles & Olson, LLP, and Gregory Stone, Los Angeles, CA; Shook, Hardy & Bacon, LLP, and Craig Proctor and William A. Yoder, Kansas City, MO, for Respondent.

Before the Court En Banc.

OPINION

By the Court, SAITTA, J.

The United States District Court, District of Nevada, has certified the question of whether Nevada law recognizes a heeding presumption in strict product liability failure-to-warn cases. A heeding presumption is a rebuttable presumption that allows a fact-finder to presume that the injured plaintiff would have heeded an adequate warning if one had been given. Thus, it shifts the burden of proving the element of causation...

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