Crossman, D.O. Vs. Dist. Ct. (White)

Nevada Supreme Court

Crossman, D.O. Vs. Dist. Ct. (White)

Nevada Supreme Court·Decided March 9, 2021·No. 82332·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NICHOLAS W. CROSSMAN, D.O.; No. 82332 PARMINDER KANG, M.D.; VALLEY HEALTH SYSTEM, LLC, D/B/A CENTENNIAL HILLS HOSPITAL MEDICAL CENTER; AND RAMI AMIR, M.D, MAR t 9 2021 Petitioners, ELM/ A. BROWN CLE PREME COURT

vs.

BY

THE EIGHTH JUDICIAL DISTRICT U CLERK

COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ERIC JOHNSON, DISTRICT JUDGE, Respondents, and MARY WHITE, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a summary judgment motion in a medical negligence action. Having considered the petition and supporting documentation, we are not persuaded that petitioners made the required strong showing to invoke mandamus relief. Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1197 (2020) (stating conditions requisite to mandamus, including that petitioners have a legal right to the act the petition seeks to compel, respondent has a plain duty to perform such act, and the absence of an alternate legal remedy); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679,

SUPREME COURT OF NEVADA

10) 1947A alegtav •.Z I -06 80

818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition); see Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (pointing out that this court will generally not consider writ petitions challenging orders denying summary judgment). Accordingly, we ORDER the petition DENIED.

, C.J.

Hardesty

Stiglich

cc: Hon. Eric Johnson, District Judge Marquis Aurbach Coffing John H. Cotton & Associates, Ltd. Hall Prangle & Schoonveld, LLC/Las Vegas Tanner Churchill Anderson Eighth District Court Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

NICHOLAS W. CROSSMAN, D.O.; No. 82332 PARMINDER KANG, M.D.; VALLEY HEALTH SYSTEM, LLC, D/B/A CENTENNIAL HILLS HOSPITAL MEDICAL CENTER; AND RAMI AMIR, M.D, MAR t 9 2021 Petitioners, ELM/ A. BROWN CLE PREME COURT

vs.

BY

THE EIGHTH JUDICIAL DISTRICT U CLERK

COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ERIC JOHNSON, DISTRICT JUDGE, Respondents, and MARY WHITE, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying a summary judgment motion in a medical negligence action. Having considered the petition and supporting documentation, we are not persuaded that petitioners made the required strong showing to invoke mandamus relief. Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1197 (2020) (stating conditions requisite to mandamus, including that petitioners have a legal right to the act the petition seeks to compel, respondent has a plain duty to perform such act, and the absence of an alternate legal remedy); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679,

SUPREME COURT OF NEVADA

10) 1947A alegtav •.Z I -06 80

818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition); see Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (pointing out that this court will generally not consider writ petitions challenging orders denying summary judgment). Accordingly, we ORDER the petition DENIED.

, C.J.

Hardesty

Stiglich

cc: Hon. Eric Johnson, District Judge Marquis Aurbach Coffing John H. Cotton & Associates, Ltd. Hall Prangle & Schoonveld, LLC/Las Vegas Tanner Churchill Anderson Eighth District Court Clerk

Crossman, D.O. Vs. Dist. Ct. (White), (Neb. 2021).

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