Thursday, August 4, 2011

Ben Roethlisberger v. Andrea NcNulty, 127 Nev. Adv. Op. 48 (August 4, 2011)

Before the court en banc. Opinion by Gibbons.
In this appeal from an order denying a change of venue in a tort action, the Court addressed whether appellant, a non-Nevada resident, had standing to challenge venue based upon a codefendant’s place of residence. Appellant was one of eight defendants, some of whom were Nevada residents, and the only defendant to appeal the district court order denying a motion for change of venue. Appellant argued that because neither plaintiff nor any defendant resides in Washoe County, venue is improper there under NRS 13.040. NRS 13.040 provides that an action against a Nevada resident shall be tried in the county in which any defendant resides, or, if there are no Nevada residents, then the action may be maintained in any Nevada county. The Court held that because venue in Washoe County was not improper as to appellant, he lacked standing to object venue pursuant to NRS 13.040. Affirmed. (Matthew A. Gray, Associate in the Reno office of McDonald Carano Wilson)