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Power Co., Inc. v. Henry

Supreme Court of Nevada

March 27, 2014

THE POWER COMPANY, INC., A NEVADA CORPORATION D/B/A CRAZY HORSE TOO GENTLEMEN'S CLUB; AND RICK RIZZOLO, INDIVIDUALLY, Appellants,
v.
KIRK AND AMY HENRY, HUSBAND AND WIFE, Respondents

Appeal from a district court judgment in a tort action. Eighth Judicial District Court, Clark County; Timothy C. Williams, Judge.

Affirmed.

Patti, Sgro & Lewis and Anthony P. Sgro, Las Vegas; Rogers, Mastrangelo, Carvalho & Mitchell, Ltd., and Daniel E. Carvalho and Charles A. Michalek, Las Vegas, for Appellants.

Campbell & Williams and Donald J. Campbell and Philip R. Erwin, Las Vegas; Hunterton & Associates and C. Stanley Hunterton, Las Vegas, for Respondents.

Douglas, J. We concur: Gibbons, C.J., Hardesty, J., Parraguirre, J., Cherry, J., Saitta, J.

OPINION

Page 859

BEFORE THE COURT EN BANC.[1]

DOUGLAS, J.:

In this opinion, we address whether NRCP 41(e)'s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)'s

Page 860

five-year deadline expired, and whether the district court erred in reducing the parties' settlement agreement to judgment. We hold that NRCP 41(e) does not apply to such an action and that the district court did not err in reducing the parties' settlement agreement to judgment. We therefore affirm the district court's judgment.

FACTS AND PROCEDURAL HISTORY

Respondent Kirk Henry was rendered quadriplegic by a bouncer at the Crazy Horse Too Gentlemen's Club, which was owned and operated by appellant The Power Company, Inc. (TPCI). On October 2, 2001, Mr. Henry and his wife, respondent Amy Henry, filed a civil complaint against TPCI for, among other things, assault, battery, and loss of consortium. The Henrys later amended their complaint to include TPCI's president, appellant Rick Rizzolo, and to add causes of action for negligent hiring, retention, and supervision.

On August 8, 2006, four years and ten months after the Henrys filed their action, they entered into a settlement agreement with TPCI and Rizzolo.[2] The settlement agreement provides that upon TPCI and Rizzolo's payment of $10 million to the Henrys, the Henrys will release TPCI and Rizzolo from all liability related to Mr. Henry's injury. While $1 million was owed to the Henrys at signing, the remaining $9 million was due upon the Crazy Horse Too's sale, ...


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