Opinion
No. 74550
11-30-2017
SAMANTHA SCHOENHAUS, D.O., INDIVIDUALLY; AND WOMEN'S HEALTH ASSOCIATES OF SOUTHERN NEVADA-MARTIN PLLC, A NEVADA PROFESSIONAL LIMITED LIABILITY COMPANY, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS SMITH, DISTRICT JUDGE, Respondents, and RANA TABLAK, AN INDIVIDUAL, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court ruling allowing a jury instruction in a professional negligence action.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). As petitioners have an adequate legal remedy available in the form of an appeal from the final judgment, see NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at 841, we
The Honorable Abbi Silver did not participate in the decision of this matter.
In light of this order, petitioners' emergency motion for a stay is denied as moot.
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas Smith, District Judge
Carroll, Kelly, Trotter, Franzen, McKenna & Peabody
Claggett & Sykes Law Firm
Atkinson Watkins & Hoffmann LLP
Eighth District Court Clerk