November 8, 2007 Nevada Supreme Court Opinions
On November 8, 2007, the Nevada Supreme Court issued three published opinions:
In Douglas Disposal v. Wee Haul, Inc, the Nevada Supreme Court, opinion by Justice Saitta, held that regulation of construction waste collection falls within the police powers of the county government because construction waste poses public health and safety concerns. The exclusive franchise here did not violate the dormant commerce clause because it burdened interstate and intrastate commerce equally – no company, whether A Nevada company or a company from another state, other than Douglas Disposal, could haul waste within Douglas County.
In Nelson v. State, the Nevada Supreme Court, opinion by Justice Hardesty, held that NRS 484.348(3)(b), which prohibits drivers from operating a motor vehicle in such a manner as to endanger other persons or property while fleeing a police officer who has signaled for the driver to stop, is not unconstitutionally vague. The Court held that “an individual of average intelligence could easily discern whether he is endangering another person or property while fleeing a pursuing police vehicle.”
In Staccato v. Valley Hospital, the Nevada Supreme Court, in a per curiam opinion, held that a medical expert witness need not have the same credentials or classification as the defendant medical care provider, but instead, must possesses the skill, knowledge, or experience necessary to perform or render the medical procedure or treatment being challenged as negligent. The witness’s opinion must also be such that it would assist the jury. Here, in a case alleging malpractice by a emergency room nurse, the district court improperly excluded the expert opinion of an emergency room physician, regarding the standard of care for delivery of the type of medical treatment received by Staccato.
