From Casetext: Smarter Legal Research

Jones v. Revell

Supreme Court of Nevada
Nov 19, 1976
555 P.2d 1327 (Nev. 1976)

Opinion

No. 8888

November 19, 1976

Appeal from the Eighth Judicial District Court, Clark County; Paul S. Goldman, J.

Edwin S. Pomeranz, Las Vegas, for Appellant.

Dickerson, Miles and Pico, Las Vegas, for Respondent.


OPINION


Appellant contends the district court committed reversible error by granting respondent's motion for summary judgment because there were material issues of fact to be decided. We disagree.

After accepting payment of money and executing a release of all claims arising out of injuries and damages received in an accident with respondent, appellant filed suit to recover other damages attributable to the accident. The complaint did not allege fraud, duress, mistake, or any other legal basis for avoiding the release.

Based on the unchallenged, and apparently valid, release, the district court granted respondent's motion for summary judgment, which appellant had neither opposed by affidavits nor controverted by points and authorities. Subsequently, appellant filed a motion for rehearing wherein he attempted to interject a belated defense to the release; the motion was considered and denied. In our view, appellant has failed to demonstrate error in the court's rulings. See Igert v. State Farm Mut. Auto. Ins., 91 Nev. 240, 533 P.2d 1365 (1975); and, Hustead v. Farmers Insurance Group, 90 Nev. 354, 526 P.2d 1116 (1974). Accordingly, we affirm.


Summaries of

Jones v. Revell

Supreme Court of Nevada
Nov 19, 1976
555 P.2d 1327 (Nev. 1976)
Case details for

Jones v. Revell

Case Details

Full title:DAVID R. JONES, APPELLANT, v. IRENE C. REVELL, RESPONDENT

Court:Supreme Court of Nevada

Date published: Nov 19, 1976

Citations

555 P.2d 1327 (Nev. 1976)
555 P.2d 1327

Citing Cases

Ferrell v. Southern Nevada off-Road Enthusiasts, Ltd.

[¶] Counsel are not aware of any Nevada cases dealing with exculpatory contracts as applied to race car…