Jewett v. Patt

Nevada Supreme Court

Jewett v. Patt

591 P.2d 1151, 95 Nev. 246, 1979 Nev. LEXIS 577

CourtNevada Supreme Court

DecidedMarch 16, 1979

Docket9341

StatusPublished

Cited by14 cases

This text of 591 P.2d 1151 (Jewett v. Patt) 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

Jewett v. Patt, 591 P.2d 1151, 95 Nev. 246, 1979 Nev. LEXIS 577 (Neb. 1979).

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Opinion

*247 OPINION

By the Court,

Thompson, J.:

Roy and Lorene Jewett commenced this action for professional malpractice against attorney Seymour Patt. They joined his wife, Stevie, as a defendant alleging that Seymour’s negligence occurred while he was acting on behalf of the community. The district court dismissed the action without prejudice as to Seymour, but with prejudice as to Stevie. We affirm.

1. On March 10, 1972, the Jewetts retained attorney Patt to recover damages sustained in an automobile accident on August 13, 1971. The adverse driver was Fred Marquardson. That action was not commenced until August 13, 1975. The record does not disclose whether the defendant or defendants therein named were served with process and filed responsive pleadings. Perhaps the two year statute of limitations bars that action if properly interposed as a defense. NRS 11.190(4)(e). However, limitations is not an automatic bar. For example, certain disabilities prevent the running of the statute. NRS 11.250. Consequently, we do not know whether limitations bars the Jewetts’ action against Marquardson. Neither do we know whether the Jewetts have sustained damages by reason of attorney Patt’s delay in bringing suit against Marquardson.

An action for professional malpractice does not accrue until the plaintiff’s know, or should know, all facts material to the elements of the cause of action and damage has been sustained. Sorenson v. Pavlikowski, 94 Nev. 440, 581 P.2d 851 (1978); Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 491 P.2d 421 (Cal. 1971); Budd v. Nixen, 491 P.2d 433 (Cal. 1971). The district court did not err in dismissing this action without prejudice against attorney Patt on the ground that it was premature.

2. The district court ruled that Stevie Patt could not be *248 liable for the professional- malpractice, if any, of her husband Seymour. The claimed predicate for her liability was simply the fact of her marriage to Seymour. This is not enough. Whether community property is subject to a judgment against Seymour, if one is obtained, is another matter. Randono v. Turk, 86 Nev. 123, 466 P.2d 218 (1970). The district court did not err in dismissing the action against Stevie with prejudice.

Affirmed.

Mowbray, C. J, and Gunderson, Manoukian, and Batjer, JJ., concur.

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*247 OPINION

By the Court,

Thompson, J.:

Roy and Lorene Jewett commenced this action for professional malpractice against attorney Seymour Patt. They joined his wife, Stevie, as a defendant alleging that Seymour’s negligence occurred while he was acting on behalf of the community. The district court dismissed the action without prejudice as to Seymour, but with prejudice as to Stevie. We affirm.

1. On March 10, 1972, the Jewetts retained attorney Patt to recover damages sustained in an automobile accident on August 13, 1971. The adverse driver was Fred Marquardson. That action was not commenced until August 13, 1975. The record does not disclose whether the defendant or defendants therein named were served with process and filed responsive pleadings. Perhaps the two year statute of limitations bars that action if properly interposed as a defense. NRS 11.190(4)(e). However, limitations is not an automatic bar. For example, certain disabilities prevent the running of the statute. NRS 11.250. Consequently, we do not know whether limitations bars the Jewetts’ action against Marquardson. Neither do we know whether the Jewetts have sustained damages by reason of attorney Patt’s delay in bringing suit against Marquardson.

An action for professional malpractice does not accrue until the plaintiff’s know, or should know, all facts material to the elements of the cause of action and damage has been sustained. Sorenson v. Pavlikowski, 94 Nev. 440, 581 P.2d 851 (1978); Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 491 P.2d 421 (Cal. 1971); Budd v. Nixen, 491 P.2d 433 (Cal. 1971). The district court did not err in dismissing this action without prejudice against attorney Patt on the ground that it was premature.

2. The district court ruled that Stevie Patt could not be *248 liable for the professional- malpractice, if any, of her husband Seymour. The claimed predicate for her liability was simply the fact of her marriage to Seymour. This is not enough. Whether community property is subject to a judgment against Seymour, if one is obtained, is another matter. Randono v. Turk, 86 Nev. 123, 466 P.2d 218 (1970). The district court did not err in dismissing the action against Stevie with prejudice.

Affirmed.

Mowbray, C. J, and Gunderson, Manoukian, and Batjer, JJ., concur.

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591 P.2d 1151, 95 Nev. 246, 1979 Nev. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewett-v-patt-nev-1979.

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