Oral argument calendar: March 9

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San Juan (Elias) v. PSC Industrial Outsourcing,
Docket No. 50033
Carson City - 10:00 a.m. - Chief Justice Parraguirre and Justices Douglas and Pickering

This is a personal injury and workers' compensation case that arose from an explosion at DTI's plant that killed one employee and injured others.  The explosion occurred when inflammable gases from aerosol cans ignited.  DTI was hired by PSC Industrial Outsourcing to decant the aerosol cans.  The employees received workers' compensation benefits for their injuries even though DTI failed to make workers' compensation contributions.  In addition, the employees sued DTI, PSC, and others for their injuries.  The plaintiff argued that PSC owed the employees a duty that could not be delegated to anyone else because PSC contracted with DTI for the performance of inherently dangerous work.  PSC moved for summary judgment and the district court granted the motion.  ISSUES:  Did PSC owe the employees a duty that could not be delegated?  Does the general rule that workers' compensation benefits are the exclusive remedy for workplace injuries apply when DTI was not insured under the workers' compensation system? 

Gonski (Donald) v. District Court (PN II, Inc.),
Docket No. 53414
Carson City - 10:30 a.m. - Justices Hardesty, Douglas, and Pickering

This writ proceeding arises from a district court order compelling arbitration in a constructional defect matter in Washoe County.  Donald and Linda Gonski filed a lawsuit against the builder of their home, PN II, Inc., alleging constructional defects in the home.  The builder asked the district court to compel the parties to resolve their dispute through binding arbitration, which the builder argued is required by the home purchase agreement.  The Gonskis argued that, because the purchase agreement purported to incorporate a second arbitration clause pertaining to defects, but also referred to a statutory dispute resolution process, the purchase contract was unclear and confusing as to whether defect disputes must be arbitrated.  The Gonskis also argued that the purchase agreement failed to provide adequate notice that, by agreeing to arbitrate, important rights were being forfeited.  The district court granted the builder's request to compel the parties to participate in arbitration.  The Gonskis then filed this petition with the Nevada Supreme Court challenging the district court's order.  ISSUES:  Is arbitration of the Gonskis' case required by the parties' agreement? 

Docket No. 52510

Carson City - 11:30 a.m. - Justices Hardesty, Douglas, and Pickering

Randy Gamwell is appealing his conviction by a jury in Washoe County for burglary and first-degree kidnapping.  Before trial, a psychiatrist retained by Gamwell's counsel contacted the victim regarding an evaluation of Gamwell.  The prosecutor advised the victim not to speak to the psychiatrist.  Gamwell requested that the charges against him be dismissed because the prosecutor's advice violated Gamwell's right to interview witnesses.  The district court denied the request.  During closing argument, the prosecutor told the jury that the presumption of innocence no longer applied and referred to Gamwell's decision not to testify in his own defense.  After the jury returned its verdict, Gamwell moved for a judgment of acquittal on the kidnapping charge because it appeared that the jury based its verdict on the victim having suffered substantial bodily harm, although no jury instructions addressed that issue.  The district court also denied this motion.  ISSUES: Should the district court have granted the motion to dismiss because of the prosecutor's advice to the victim?  Did the State engage in prosecutorial misconduct during closing argument warranting reversal?  Should the district court have granted the motion for judgment of acquittal? 

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This page contains a single entry by JoNell published on March 8, 2010 9:19 AM.

Nevada Supreme Court issues 3 opinions in civil cases was the previous entry in this blog.

US Supreme Court grants cert. in 3 cases is the next entry in this blog.

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