Opinion
No. 70569
07-13-2016
JEFFREY L. JOHNSON, M.D.; AND RADIOLOGY SPECIALISTS, LTD., Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JAMES CROCKETT, DISTRICT JUDGE, Respondents, and ERIC MENDOZA; MICHELLE MENDOZA, PARENTS AND GUARDIANS OF CHARLES MENDOZA; SRINIVAS HALTHORE, M.D.; AND HALTHORE JOHNS PEDIATRIC NEUROLOGY ASSOCIATES, LTD., Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment in a medical malpractice action.
Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. NRS 34.160; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Because resolution of the issues presented in the petition will not resolve the claims for negligent infliction of emotional distress, petitioners' explanation as to why an appeal from a final judgment would not afford them an adequate remedy is unpersuasive. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004); Moore v. Eighth Judicial Dist. Court, 96 Nev. 415, 417, 610 P.2d 188, 189 (1980) (determining that mandamus is not an appropriate remedy when resolution of the writ petition will not dispose of the entire controversy). Accordingly, we
Srinivas Halthore, M.D., and Halthore Johns Pediatric Neurology Associates, Ltd., have filed a motion to join the writ petition. In light of our disposition of the petition, the motion is denied as moot. --------
/s/_________, J.
Cherry
/s/_________, J.
Douglas
/s/_________, J.
Gibbons cc: Hon. James Crockett, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Galliher Law Firm
Eglet Prince
George J. Kunz, P.C.
Daehnke Stevens, LLP
Eighth District Court Clerk