Court: Supreme Court of Nevada
Citation: 137 Nev. Adv. Op. No. 72
Opinion Date: December 2, 2021
Judge: Kristina Pickering
Areas of Law: Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
In this case, brought by the parents of a victim of the Route 91 Harvest Festival massacre against the manufacturers and distributors of the AR-15 rifles the gunman used the Supreme Court held that Nev. Rev. Stat. 41.131 provided the gun manufacturers and distributors immunity from the claims asserted against them under Nevada law.
Plaintiffs brought this suit in Nevada’s federal district court alleging wrongful death, negligence per se, and negligent entrustment. The federal district court granted Defendants’ motion to dismiss the negligent entrustment and negligence per se claims but denied it as to the wrongful death claim. The federal court then reconsidered its dismissal of the negligence per se claim and certified three questions of law to the Supreme Court. In response, the Supreme Court held that section 41.131 provided the gun companies immunity from the wrongful death and negligence per se claims asserted against them under Nevada law.