Kenneth Nogle v. Beech Street Corp

619 F. App'x 639

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 1, 2015
• Docket: 13-15635
• Status: Unpublished

Opinion

MEMORANDUM **

The district court properly found no genuine issue of material fact concerning whether plaintiff Kenneth Nogle’s complaint against defendant Beech Street Corporation (“Beech Street”) was barred by the two-year statute of limitations applicable to negligence actions in Nevada. See Nev. Power Co. v. Monsanto Co., 955 F.2d 1304, 1306-07 (9th Cir.1992); Nev.Rev, Stat. § 11.190(4)(e). Under Nevada’s discovery rule, the statute of limitations is tolled until the injured party discovers or reasonably should have discovered facts giving rise to his cause of action. Petersen v. Bruen, 106 Nev. 271, 792 P.2d 18, 20 (1990).

The district court properly found that Nogle had sufficient information available to him in March 2008 to investigate and identify Beech Street as a potential defendant. Specifically, Nogle should have discovered Beech Street’s role in assuring the quality of the endoscopy provider by pursuing leads from information contained in at least three documents: 1) the pre-ap-proval letter from November 6, 2006, 2) the 2007 Summary Plan Description, and 3) the insurance card. Accordingly, No-gle’s September 8, 2010 complaint against Beech Street was untimely because it was filed more than two years after he reasonably should have known that he had a cause of action against Beech Street.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir, R. 36-3.