Butler v. Bogdanovich, 15874
| Docket Nº | No. 15874 |
| Citation | 101 Nev. 449, 705 P.2d 662 |
| Case Date | August 28, 1985 |
| Court | Supreme Court of Nevada |
Page 662
v.
Michael J. BOGDANOVICH, Ruska Bogdanovich, Thane McCall dba
McCall Realty, Phil Sullivan Realty, Inc., Phil
Sullivan, individually, County of
Douglas, Robert E. Ford,
Jeanne A. Zemarel,
Respondents.
Milos Terzich, Gardnerville, for appellants.
Brent T. Kolvet, Dist. Atty., Minden, Barker, Gillock & Perry and Charles
Page 663
Spann, Reno, for respondent County of Douglas.[101 Nev. 450] OPINION
PER CURIAM:
Michael and Ruska Bogdanovich constructed a single family residential dwelling in the County of Douglas, Nevada. Respondent County of Douglas (the County) sent an inspector to inspect the premises at various times during construction, and finally "signed off" on the construction. Several years later, appellants Douglas J. Butler and Rose Marie Butler purchased the house and discovered defects in the construction. Appellants brought this action for damages against the County and others, alleging that the County negligently approved of the construction when it did not meet building code standards. The district court granted summary judgment in favor of the County on the ground the County was immune from suit under NRS 41.033. 1 The court reasoned that the County did not owe a duty of care to appellants [101 Nev. 451] because there was no evidence that the County had actual knowledge of the defects.
We agree with appellants assertion that there was an issue of fact of whether the County had knowledge of the building's deficiencies. In opposition to the motion for summary judgment, appellants presented the deposition and affidavit of the building inspector and carpenter who visited the premises at appellants' request. The inspector and carpenter indicated that twenty-five conditions existed in 1982 which were violations under an early Uniform Building Code. They also indicated that the defects would have been visible in the 1976 inspection. A trier of fact could conclude that the defects in 1982 existed at the time of the original inspection, and the County had knowledge of the defects.
If the County had knowledge of the defects, the County owed a duty to take action as a result of the discovery of the deficiencies. Immunity will not bar actions based on the public entity's failure to act reasonably after learning of a hazard. See Brown v. Syson, 135 Ariz. 567, 663 P.2d 251 (1983); Lorshbough v....
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Wood v. Safeway, Inc., No. 40048.
...P.2d 1027, 1029 (1997). 3. Lipps v. Southern Nevada Paving, 116 Nev. 497, 498, 998 P.2d 1183, 1184 (2000) (citing Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 4. 149 F.2d 130 (2d Cir.1945), quoted in Parman v. Petricciani, 70 Nev. 427, 436, 272 P.2d 492, 496 (1954). 5. See, e......
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Calloway v. City of Reno, No. 25628.
...if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Butler v. Bogdanovich, 101 Nev. 449, 705 P.2d 662 (1985). A summary judgment is reviewed de novo. Dermody v. City of Reno, 113 Nev. 207, 931 P.2d 1354 (1997); see also SIIS v. ......
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Mallin v. Farmers Ins. Exchange, No. 20903
...the non-existence of any genuine issue of fact is on the movant. Pacific Pools, 101 Nev. at 559, 706 P.2d at 851; Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 (1985). A litigant has the right to a trial when there remains the slightest doubt as to remaining issues of fact. Pa......
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Doud v. Las Vegas Hilton Corp., No. 23513
...to the nonmoving party reveals no triable issues of material fact and judgment is warranted as a matter of law. Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 (1985); see NRCP 56(c). "In determining whether summary judgment is proper, the nonmoving party is entitled to have the......
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Calloway v. City of Reno, 25628.
...if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Butler v. Bogdanovich, 101 Nev. 449, 705 P.2d 662 (1985). A summary judgment is reviewed de novo. Dermody v. City of Reno, 113 Nev. 207, 931 P.2d 1354 (1997); see also SIIS v. ......
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Mallin v. Farmers Ins. Exchange, 20903
...the non-existence of any genuine issue of fact is on the movant. Pacific Pools, 101 Nev. at 559, 706 P.2d at 851; Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 (1985). A litigant has the right to a trial when there remains the slightest doubt as to remaining issues of fact. Pa......
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Wood v. Safeway, Inc., 40048.
...P.2d 1027, 1029 (1997). 3. Lipps v. Southern Nevada Paving, 116 Nev. 497, 498, 998 P.2d 1183, 1184 (2000) (citing Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 4. 149 F.2d 130 (2d Cir.1945), quoted in Parman v. Petricciani, 70 Nev. 427, 436, 272 P.2d 492, 496 (1954). 5. See, e......
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...439, 441-44, 705 P.2d 632, 634-37 (1985). The Nevada Supreme Court affirmed Snow's conviction and sentence on August 28, 1985. Snow, 101 Nev. at 449, 705 P.2d at 639. The United States Supreme Court denied certiorari on February 24, 1986. Snow v. Nevada, 475 U.S. 1031 (1986). Snow filed his......