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Vegas Law

y of multiple defendants. 1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought. 2. In those cases, the judge shall instruct the jury that: (a) The plaintiff may not recover if his comparative negligence or that of his decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants. (b) If the jury determines the plaintiff is entitled to recover, it shall return: (1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to his comparative negligence; and (2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action. 3. If a defendant in such an action settles with the plaintiff before the entry of judgment, the comparative negligence of that defendant and the amount of the settlement must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable by the plaintiff pursuant to the general and special verdicts. 4. Where recovery is allowed against more than one defendant in such an action, except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to him. 5. This section does not affect the joint and several liability, if any, of the defendants in an action based upon: (a) Strict liability; (b) An intentional tort; (c) The emission, disposal or spillage of a toxic or hazardous substance; (d) The concerted acts of the defendants; or (e) An injury to any person or property resulting from a product which is manufactured, distributed, sold or used in this State. 6. As used in this section: (a) “Concerted acts of the defendants” does not include negligent acts committed by providers of health care while working together to provide treatment to a patient. (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NRS by 1973, 1722; A 1979, 1356; 1987, 1697; 1989, 72) PROCEDURE FOR EVIDENCING DOMICILE NRS 41.191 Declaration of domicile in Nevada. 1. Any person who has established his domicile in this state may manifest and evidence his domicile by filing in the office of the clerk of the district court for the county in which he resides, a sworn statement showing that he resides in and maintains a residence in that county, which he recognizes and intends to maintain as his permanent home. 2. Any person who has established a domicile in this state, but who maintains another residence in some other state, may manifest and evidence his domicile in this state by filing in the office of the clerk of the district court for the county in which he resides, a sworn statement that his residence in Nevada constitutes his predominant and principal home, and that he intends to continue it permanently as his predominant and principal home. 3. A sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1 or 2, a declaration that the person making the statement is at the time of making the statement a bona fide resident of the State, and it must set forth his place of residence, the city, county and state in which he formerly resided, and all other places, if any, in which he maintains a residence. (Added to NRS by 1979, 336) NRS 41.193 Declaration of domicile in other state. 1. A person who: (a) Is or was domiciled in a state other than Nevada and who: (1) Has a residence in Nevada; or (2) Does or has done acts within Nevada which, independently of his actual intention concerning his domicile, might be taken to indicate that he is or intends to be domiciled in Nevada; and (b) Desires to maintain or continue his domicile in a state other than Nevada, may manifest and evidence his permanent domicile in that other state by filing in the office of the clerk of the district court in any county in Nevada in which he has a residence or in which he may have performed those acts, a sworn statement that his domicile is in a state other than Nevada, naming the state and stating that he intends to permanently continue his domicile in that state. 2. The sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1, a declaration that the person making the statement is, at the time of making the statement, a resident of a state other than Nevada, and it must set forth the place of residence which he maintains in the state or the fact that he does not maintain a residence in Nevada. It must also set forth other facts with reference to any acts done by him which he desires not be construed as evidencing an intention to establish his domicile in Nevada. (Added to NRS by 1979, 337) NRS 41.195 Signing and recording of declaration; fee. The sworn statement permitted by NRS 41.191 and 41.193 must be signed under oath before a person authorized to administer oaths. The clerk of a district court in whose office a statement is filed shall record it in a book provided for that purpose, and collect a fee of $5 for performing that duty. (Added to NRS by 1979, 337) NRS 41.197 Other methods of proving domicile not repealed or abrogated. Nothing contained in NRS 41.191 to 41.197, inclusive, repeals or abrogates any existing method of proving domicile. (Added to NRS by 1979, 337) PROCEDURE FOR COMPROMISING CLAIMS OF MINORS NRS 41.200 Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise; no fees to be charged in proceedings. 1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court. 2. The petition must set forth: (a) The name, age and residence of the minor; (b) The facts which bring the minor within the purview of this section, including: (1) The circumstances which make it a disputed claim for money; (2) The name of the third person against whom the claim is made; and (3) If the claim is the result of an accident, the date, place and facts of the accident; (c) The names and residence of the parents or the legal guardian of the minor; (d) The name and residence of the person or persons having physical custody or control of the minor; (e) The name and residence of the petitioner and the relationship of the petitioner to the minor; (f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for: (1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are co

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