Opinion
No. 56127.
07-29-2011
UNITED PARCEL SERVICES, INC. and Richard A. Bovino, Jr., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and, the Honorable Mark R. Denton, Respondent, and Mary Vincent, Real Party in Interest.
Ansa Assuncao, LLP Kahle & Associates Sterling Law, LLC Cobeaga Law Firm Law Office of Karen H. Ross
Ansa Assuncao, LLP
Kahle & Associates
Sterling Law, LLC
Cobeaga Law Firm
Law Office of Karen H. Ross
ORDER DENYING PETITION
This is an original petition for a writ of mandamus or prohibition challenging a district court order denying a motion for partial summary judgment in a tort action.
Petitioners United Parcel Service and Richard Bovino filed this petition for a writ of mandamus or prohibition. Petitioners requested that this court order the district court to judicially estop real party in interest Mary Vincent from claiming more than $16,150 in personal-injury damages in her tort lawsuit against petitioners. As explained below, we deny their request for writ relief.
The parties are familiar with the facts, and we do not recount them further except as necessary to our disposition.
A writ of mandamus or prohibition “will issue only when the right to the relief requested is clear and the petitioners have no plain, speedy and adequate remedy in the ordinary course of law.” Gumm v. State, Dep't of Education, 121 Nev. 371, 375, 113 P.3d 853, 856 (2005). Here, petitioners' ability to defend themselves against the merits of Vincent's personal-injury claim has not been hindered in any way by the district court's order, and they can appeal any damages-related issues in the ordinary course of law at the appropriate time. Pan v. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”). Accordingly, we
We note that the district court's order does not preclude petitioners from contesting the value of Vincent's personal-injury claim. Nor does the order preclude petitioners from introducing Vincent's bankruptcy paperwork at trial to establish this value.
ORDER the petition DENIED.