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Nevada Injury Law

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Vegas Law

ent while attending such a function. 3. As used in this section: (a) “Insure” means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof. (b) “Local government” means every political subdivision and every other governmental entity in this State. (Added to NRS by 1965, 1414; A 1969, 272, 564; 1977, 388; 1987, 544) NRS 41.0385 Claims made against state agencies and local governments for tortious conduct: Annual filing of summary of claims with Secretary of State or clerk of local government; summaries of claims are public records. 1. On or before January 10 of each year, for the preceding calendar year, each agency represented by the Attorney General shall submit to the Attorney General a summary of all claims made against the agency for tortious conduct. On or before February 1 of each year, the Attorney General shall compile the summaries submitted pursuant to this subsection and file the compilation with the Secretary of State. The compilation is a public record open to inspection. 2. On or before February 1 of each year, for the preceding calendar year, the district attorney, city attorney or other attorney on behalf of each local government shall compile and file with the clerk of its governing body a summary of all claims made against that government for tortious conduct. The summary is a public record open to inspection. 3. The claims summarized pursuant to this section must be arranged by category of wrong alleged, such as battery, false arrest, negligent injury, wrongful death, and the like, and divided by status into: (a) Claims paid; (b) Judgments entered but unpaid; and (c) Claims pending. A total must be shown for each status in each category, and a total overall for each status and each category. 4. For each claim must be shown: (a) The name of the claimant; (b) The amount paid, reduced to judgment, or claimed, as the case may be, including fees and costs determined; and (c) The type of wrong alleged. 5. A court order sealing the record of a proceeding does not prevent the disclosure of the information required by this section, or excuse the attorney for the state or local government from providing that information. (Added to NRS by 1993, 1163) NRS 41.039 Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer. An action which is based on the conduct of any immune contractor, employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of his employment or in the performance of his official duties may not be filed against the immune contractor, employee or officer unless, before the filing of the complaint in such an action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, against the political subdivision for which the immune contractor, employee or officer was authorized to act. (Added to NRS by 1968, 27; A 1987, 96, 544) APPOINTMENT OF ELISORS NRS 41.040 Appointment and bond of elisor. Process and orders in an action or proceeding may be executed in any county by a person designated by the court or the judge thereof of the county in which the action or proceeding is pending, and denominated an elisor, in the following cases: 1. When the sheriff is a party. 2. When there is a vacancy in the office of sheriff. 3. When it shall be made to appear by affidavit to the satisfaction of the court in which the suit or proceeding is pending, or the judge thereof, that the sheriff, by reason of any bias, prejudice or other cause, would not act promptly or impartially. The court or judge may require such person so appointed to give a bond with sufficient security, in such amount and with such condition, to the person to be served, as the court or judge may deem necessary to secure the rights of the party. [1911 CPA § 553; RL § 5495; NCL § 9042] NRS 41.050 Execution of process by elisor. When process is delivered to an elisor, he shall execute it in the same manner as the sheriff is required to execute similar process in other cases. [1911 CPA § 554; RL § 5496; NCL § 9043] NRS 41.060 Arrest and confinement of sheriff in a civil action. If the sheriff, on being arrested by an elisor, or if another, on being arrested in an action in which the sheriff is a party, upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if he be arrested on execution against his body, or on a warrant of attachment, he shall be confined in a house other than the house of the sheriff or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail. The house in which he is thus confined shall thereupon become, for that purpose, the county jail. [1911 CPA § 555; RL § 5497; NCL § 9044] NRS 41.070 Powers, duties and fees of elisors. An elisor appointed to execute process and orders in the cases mentioned in NRS 41.040 shall be invested with the powers, duties and responsibilities of the sheriff in the execution of such process or orders and in every matter incidental thereto, and shall be entitled to the same fees as a sheriff would be entitled to for like services. [1911 CPA § 556; RL § 5498; NCL § 9045] LIABILITY OF COMMITTEE ON LOCAL GOVERNMENT FINANCE NRS 41.075 Limitations on liability. No cause of action may be brought against the Committee on Local Government Finance created pursuant to NRS 354.105, or any of its members, which is based upon: 1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or 2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the Committee on Local Government Finance or member thereof, whether or not the discretion involved is abused. (Added to NRS by 1995, 145; A 1997, 573; 2001, 1819; 2005, 1394) ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT NRS 41.085 Heirs and personal representatives may maintain action. 1. As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if he had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330. 2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives. 3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined. 4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionshi

Vegas Law




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