Kaminski Ex Rel. Kaminski v. Woodbury

Thompson, J., with whom Collins, C. J., agrees,

dissenting:

The relevant requirements of NRS 41.036(1) and (3) were not met. The record does not reflect that the plaintiffs presented a claim to the governing body of the school district or to one of its members [cf. Rogers v. State, 85 Nev. 361, 455 P.2d 172 (1969)] within six months from the time their cause of *672action accrued. Indeed, the record shows that the claim to the school district was presented late. The presentation of claims to state and county boards who are powerless to act upon them cannot be deemed compliance of any description, substantial or otherwise. Neither is it permissible to infer that such claims may have been forwarded by those boards to the governing body of the school district since a precondition to one’s right to sue must be shown to exist. It is not to be inferred. Summary judgment was proper.