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SPARKS v. ALPHA TAU OMEGA FRATERNITY, INC.

No. 50668.

255 P.3d 238 (2011)

Roy SPARKS and Andrea Sparks, Husband and Wife; and Roy Sparks, III, by and through his Guardian Ad Litem, Roy Sparks, Appellants, v. The ALPHA TAU OMEGA FRATERNITY, INC., a Maryland Corporation; Alpha Tau Omega Eta Epsilon Chapter, UNLV, an Unidentified Entity; Doug Foley, its President; Alpha Tau Omega Delta Iota Chapter, UNR, an Unidentified Entity; Robert Rojas, its President; Alpha Tau Omega Nevada Southern Alumni Association; University of Nevada Alumni Association, Inc.; Julie Ardito, its President; and Southern Nevada Young Alumni Chapter, Respondents.

Supreme Court of Nevada.

May 26, 2011.

Attorney(s) appearing for the Case

Sterling Law, LLC, and Beau Sterling and Richard Vilkin , Las Vegas; Simon Law Office, and Daniel S. Simon , Las Vegas, for Appellants.

Maupin, Cox & LeGoy and Michael E. Malloy and Carolyn K. Renner , Reno, for Respondents University of Nevada Alumni Association, Inc.; Julie Ardito; and Southern Nevada Young Alumni Chapter.

Stephenson & Dickinson and Bruce Scott Dickinson and Michael E. Hottman , Las Vegas, for Respondents Alpha Tau Omega Fraternity, Inc.; Alpha Tau Omega Eta Epsilon Chapter, UNLV; Doug Foley; Alpha Tau Omega Delta Iota Chapter, UNR; Robert Rojas; and Alpha Tau Omega Nevada Southern Alumni Association.

Before DOUGLAS, C.J., PICKERING and HARDESTY, JJ.

OPINION

By the Court, HARDESTY, J.:

Appellant Roy Sparks and Jeffrey Clack engaged in a fight during a college football tailgate event that resulted in an injury to Roy. Roy and his wife, appellant Andrea Sparks, filed suit against Clack and a number of other entities allegedly involved with the tailgate event, asserting several causes of action, including negligence and intentional torts. The Sparkses also named fictitious Doe and Roe defendants...

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