Harris v. Rio Hotel & Casino, Inc.

25 P.3d 206, 117 Nev. 482, 117 Nev. Adv. Rep. 43, 2001 Nev. LEXIS 43
CourtNevada Supreme Court
DecidedJune 21, 2001
Docket32816
StatusPublished
Cited by11 cases

This text of 25 P.3d 206 (Harris v. Rio Hotel & Casino, Inc.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Rio Hotel & Casino, Inc., 25 P.3d 206, 117 Nev. 482, 117 Nev. Adv. Rep. 43, 2001 Nev. LEXIS 43 (Neb. 2001).

Opinions

OPINION

By the Court,

Maupin, C. L:

The Nevada Industrial Insurance Act (“NIIA” or “the Act”) provides exclusive remedies for Nevada workers injured by accidents arising out of and in the course of employment.1 The Act generally immunizes employers, who must procure workers’ compensation coverage for their employees, from common law liability for workplace injuries.2 Principal contractors are deemed to be [484]*484employers of their subcontractors, independent contractors and employees of either.3 The statutory definition of a “principal contractor” as a person who coordinates all work on a project, contracts to complete a project, contracts for the services of subcontractors and independent contractors, or is responsible for paying subcontractors and independent contractors,4 encompasses the commonly used term “general contractor.”

We are asked in this appeal to decide whether a landowner that constructs improvements to real property through a licensed general contractor enjoys the same immunity under the NIIA as the contractor. Cognizant of the considerable confusion that has developed over the years in our jurisprudence on the subject, we conclude that the property owner stands in the shoes of the general contractor and is immune from liability.

Appellant, Billy R. Harris, was severely injured during construction of an addition to the Rio Hotel and Casino (“the Rio”) in Las Vegas, Nevada. Harris claimed and recovered Nevada workers’ compensation benefits from his direct employer, Marnell Corrao Construction Company, the project’s licensed general contractor. He then filed a common law action against the Rio on the theory that the Rio’s scheduling demands created an atmosphere of recklessness on the job site.

The Rio moved to dismiss the action, claiming immunity under the NIIA. The district court treated the motion as one for summary judgment under NRCP 56. It concluded, as a matter of law, that landowners as well as general contractors are immunized under the NIIA from common law actions brought by employees of the general contractor and sub-contractors, when the injuries sustained arise in the course of performance of a general construction contract. The district court based its ruling upon our 1976 decision in Frith v. Harrah South Shore Corp,5 Accordingly, the district court granted summary judgment in favor of the Rio. Harris appeals.

DISCUSSION

Issues concerning NIIA immunity of owners to persons involved in the construction of improvements to real property have [485]*485surfaced from time to time in our jurisprudence since 1957. Our cases, as well as legislative amendments to the NHA, have generated much confusion as to the precise nature of the immunity enjoyed by landowners in construction as well as non-construction settings. Cases that illustrate the long-standing debate over this issue include Oliver v. Barrick Goldstrike Mines,6 Sims v. General Telephone & Electric,7 Karadonis v. Sourwine,8 Meers v. Haughton Elevatori9 Leslie v. J. A. Tiberti Construction,10 Antonini v. Hanna Industries,11 Frith,12 Weaver v. Shell Oil Co.,13 Titanium Metals v. District Court,14 Simon Service v. Mitchell,15 and most recently, Tucker v. Action Equipment and Scaffold Co.16 In Tucker, we resolved in large part the standards for immunity in non-construction matters, and partially resolved the standards applicable in construction cases. In our resolution of this appeal, we now undertake to clarify our prior cases on this subject and provide a definitive statement of the rule of workplace immunity under the NHA in cases arising from the performance of construction contracts.

Harris argues on appeal that the district court erroneously relied upon Frith in its conclusion that his suit is barred as a matter of law. Frith held, at least implicitly, that a real property owner is not, as a matter of law, subject to common law liability for workplace injuries incurred by employees performing construction work on the property pursuant to a general construction contract.

In Frith, an injured worker alleged that the property owner— although having hired a general contractor to construct improvements — enjoyed no NHA immunity because it retained a degree of control over the construction project.17 We affirmed the district court’s conclusion that the property owner was statutorily immune “regardless of whether [the owner] or [the general contractor] was in fact [the injured worker’s] employer.”18 We further held that:

[486]*486If Harrah[, the owner,] could be deemed the principal contractor and the principal employer of Frith[, the injured worker], it would not be excluded from coverage under the Nevada Industrial Insurance Act and the insulation from common law liability just because it was also the owner of the real property where the injury occurred. If Campbell Construction Company[, the general contractor that directly employed Frith,] is the bona fide employer of Frith, then both Harrah and Campbell would be insulated by the Nevada Industrial Insurance Act from any common law liability.19

Frith implies that, with or without retention of some control over the course of construction by the owner, the owner and its general contractor stand in the same shoes for the purposes of NIIA immunity. This proposition is underscored by the rationale for the decision, that if immunity were not granted, “no owner of real property in this state would dare allow a workman upon his property.”20

In concluding that NIIA immunity barred the worker’s common law suit against the property owner regardless of the control the owner exercised over the project, the Frith court relied in part on our decision in Simon Service v. Mitchell.21 Simon Service is the seminal case in which we articulated a broad-based immunity under the NIIA.

In Simon Service, a real property owner constructed improvements through various independent contractors without using a general contractor as an intermediary.22 A worker employed by one of the independent contractors was injured during the course of construction and sued the property owner in a common law negligence action.23 Both the owner and the worker’s employer paid premiums for industrial insurance for their respective employees.24

Relying on the general purposes of the Nevada workers’ compensation laws and the language of NRS 616.085(1) (re-codified as NRS 616A.210

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Entergy Gulf States, Inc. v. Summers
282 S.W.3d 433 (Texas Supreme Court, 2009)
Richards v. Republic Silver State Disposal, Inc.
148 P.3d 684 (Nevada Supreme Court, 2006)
Seput v. Lacayo
134 P.3d 733 (Nevada Supreme Court, 2006)
Employers Insurance Co. of Nevada v. United States
322 F. Supp. 2d 1116 (D. Nevada, 2004)
Quick v. Freeman Decorating Co.
55 F. App'x 450 (Ninth Circuit, 2003)
Harris v. Rio Hotel & Casino, Inc.
25 P.3d 206 (Nevada Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
25 P.3d 206, 117 Nev. 482, 117 Nev. Adv. Rep. 43, 2001 Nev. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-rio-hotel-casino-inc-nev-2001.