Lemasters v. Univ. Medical Ctr.

• Court: Nevada Supreme Court
• Decided: December 18, 2015
• Docket: 65557
• Status: Unpublished

Opinion

appellant's injury appreciably manifested after the 2007 CT scan. See

Libby v. Eighth Judicial Dist. Court, 130 Nev., Adv. Op. 39, 325 P.3d 1276, 1280 (2014) (explaining that NRS 41A.097(2)'s three-year statute of limitations period "begins to run once there is an appreciable manifestation of the plaintiffs injury"). Because it is possible that appellant's injury did not appreciably manifest until June 2010 and because we must draw all inferences in appellant's favor, we conclude that appellant's complaint should not have been dismissed under NRCP 12(b)(5). See Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-

28, 181 P.3d 670, 672 (2008) (explaining that this court conducts a de novo review of an NRCP 12(b)(5) dismissal order and presumes that all facts in the complaint are true and draws all inferences in favor of the complaint). Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.'

J.

itAceet tUf ,J. Pickering

1 Because we reverse on these grounds, we need not address appellant's additional arguments. See Miller v. Burk, 124 Nev. 579, 588- 89 & n.26, 188 P.3d 1112, 1118-19 & n.26 (2008) (explaining that this court need not address issues, even constitutional issues, if they are unnecessary to resolve the case at hand). SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Michael Villani, District Judge William C. Turner, Settlement Judge Maddox, Isaacson & Cisneros, LLP Maddox, Segerblom & Canepa, LLP Hutchison & Steffen, LLC Parker, Nelson & Associates Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) NITA °eV,