IN THE SUPREME COURT OF THE STATE OF NEVADA
TAWNI MCCROSKY, INDIVIDUALLY No. 68881
AND AS THE NATURAL PARENT OF
LYA.M MCCROSKY, A MINOR,
Petitioner,
vs.
THE FIRST JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILED
CARSON CITY; AND THE
HONORABLE JAMES TODD RUSSELL, JAN 2 6 2016
DISTRICT JUDGE, TRACIE K. UNDEMAN
CLERK OF .SyFiREME COURT
Respondents, BY •yi
and DEPUTYti t17.
CARSON TAHOE REGIONAL
MEDICAL CENTER, A NEVADA
BUSINESS ENTITY,
Real Partn Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging
district court orders granting partial summary judgment and a motion to
include a settled codefendant on the verdict form in a medical malpractice
action. Having considered the petition, we are not persuaded that
petitioner has met her burden to demonstrate that our extraordinary
discretionary intervention is warranted. NRS 34.160; Piroozi v. Eighth
Judicial Dist. Court, 131 Nev., Adv. Op. 100, P.3d , (2015)
(concluding that under NRS 41A.045, a district court is 'required to
permit [a defendant] the opportunity to argue the comparative fault of the
settled defendants and include those defendants' names and an
assignment of their percentage of fault on the jury verdict forms"); Pan v.
SUPREME COURT
OF
NEVADA
(0) 1947A
Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844
(2004) (providing that an appeal is generally an adequate legal remedy
precluding writ relief); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674,
677, 679, 818 P.2d 849, 851, 853 (1991). Accordingly, we
ORDER the petition DENIED.
C.J.
Parraguirre
, J.
Hardesty
, J.
Douglas
cc: Hon. James Todd Russell, District Judge
Durney & Brennan/Reno
Carroll, Kelly, Trotter, Franzen, & McKenna & Peabody
Carson City Clerk
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OF
NEVADA
2
(0) 1947A 4,0114>