BAHENA v. GOODYEAR TIRE & RUBBER CO.

No. 49207.

245 P.3d 1182 (2010)

Teresa BAHENA, Individually, and as Special Administrator for Evertina M. Trujillo Tapia, Deceased; Mariana Bahena, Individually; Mercedes Bahena, Individually; Maria Rocio Perreya, Individually; Maria Lourdes Bahena-Meza, Individually; Maricela Bahena, Individually; Ernesto Torres and Leonor Torres, Individually, and Leonor Torres, as Special Administrator for Andres Torres, Deceased; Leonor Torres for Armando Torres and Crystal Torres, Minors, Represented as Their Guardian ad Litem; Victoria Campe, as Special Administrator of Frank Enriquez, Deceased; Patricia Jayne Mendez, for Joseph Enriquez, Jeremy Enriquez, and Jamie Enriquez, Minors, Represented as their Guardian ad Litem; and Maria Arriaga for Koji Arriaga, Represented as his Guardian ad Litem, Appellants/Cross-Respondents, v. GOODYEAR TIRE & RUBBER COMPANY, Respondent/Cross-Appellant.

Supreme Court of Nevada.

December 30, 2010.


Attorney(s) appearing for the Case

Albert D. Massi, Ltd., and Albert D. Massi , Las Vegas, for Appellants/Cross-Respondents Arriaga, Campe, Mendez, and Torres.

Callister & Associates and Matthew Q. Canister and R. Duane Frizell , Las Vegas, for Appellants/Cross-Respondents Bahena, Bahena-Meza, and Perreya.

Lewis & Roca, LLP, and Daniel F. Polsenberg and Joel D. Henriod , Las Vegas, for Respondent/Cross-Appellant Goodyear Tire & Rubber Company.

Bailey Kennedy and Dennis L. Kennedy and Sarah E. Harmon , Las Vegas, for Amici Curiae Chamber of Commerce of the United States of America, National Association of Manufacturers, National Federation of Independent Business Small Business Legal Center, American Tort Reform Association, American Insurance Association, American Chemistry Council, and American Legislative Exchange Council.

Jones Vargas and Joseph W. Brown , Matthew T. Milone , and Bradley Scott Schrager , Las Vegas, for Amicus Curiae The Nevada Development Authority.

Before the Court En Banc.


OPINION

By the Court, GIBBONS, J.:

On July 1, 2010, this court issued an opinion in these appeals. Bahena v. Goodyear Tire & Rubber Co. (Bahena I), 126 Nev. ___, 235 P.3d 592 (2010). In Bahena I, we addressed whether the district court's sanction of striking Goodyear's answer as to liability and only allowing it to contest damages was proper and whether an evidentiary hearing was required when the...

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