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Peterson v. Miranda

United States District Court, D. Nevada

December 19, 2014

LINDA PETERSON; et. al, Plaintiffs,
v.
KEVIN MIRANDA; et. al, Defendants

For Linda Peterson, individually, and on behalf of Angela Peterson, Francis C Peterson, individually, and on behalf of Angela Peterson, Plaintiffs: Marc P Cook, LEAD ATTORNEY, Bailus Cook & Kelesis, Ltd., Las Vegas, NV.

For Kevin Miranda, Defendant: James P Silvestri, LEAD ATTORNEY, Christopher M. Keller, Pyatt Silvestri & Hanlon, Chtd., Las Vegas, NV; Kara B. Hendricks, Greenberg Traurig LLP, LAS VEGAS, NV.

For Clark County School District Police, Filiberto Arroyo, Defendants: Kara B. Hendricks, Moorea L Katz, LEAD ATTORNEYS, Greenberg Traurig LLP, LAS VEGAS, NV; Mark E Ferrario, LEAD ATTORNEY, Tami D. Cowden, Greenberg Traurig, Las Vegas, NV.

For Roberto Morales, Cynthia Robbins, formerly known as Cynthia Ruelas, also known as Cynthia Ruelas-Robbins, Defendants: Dan R Waite, Lindsay C Demaree, LEAD ATTORNEYS, Matthew W Park, Lewis Roca Rothgerber LLP, Las Vegas, NV; Daniel F. Polsenberg, Lewis and Roca LLP, Las Vegas, NV.

For Brian Nebeker, Loren Johnson, Armando Quintanilla, Defendants: Mark E Ferrario, LEAD ATTORNEY, Tami D. Cowden, Greenberg Traurig, Las Vegas, NV; Kara B. Hendricks, Moorea L Katz, Greenberg Traurig LLP, LAS VEGAS, NV.

For Mark Robbins, Tina Zuniga, Defendants: Dan R Waite, LEAD ATTORNEY, Lindsay C Demaree, Matthew W Park, Lewis Roca Rothgerber LLP, Las Vegas, NV; Daniel F. Polsenberg, Lewis and Roca LLP, Las Vegas, NV.

ORDER

LARRY R. HICKS, UNITED STATES DISTRICT JUDGE.

Before the court is defendants Mark Robbins (" Robbins") and Roberto Morales' (" Morales") motion for partial reconsideration of the court's July 7, 2014 order denying in-part and granting in-part their motion for summary judgment (Doc. #272[1], Doc. #281. Plaintiffs Linda and Francis Peterson (" the Petersons") filed an opposition (Doc. #282) to which Morales and Robbins replied (Doc. #283). The Petersons then filed a sur-reply. Doc. #292.

I. Facts and Procedural History

This action arises from the tragic death of the Petersons' daughter, Angela Peterson.

On November 28, 2009, non-party Rebecca Wamsley (" Wamsley"), a dispatcher for the CCSD Police Department (" department"), hosted a holiday party at her home and invited members of the department and their families. Defendant Tina Zuniga (" Zuniga") attended the holiday party with her daughter and her daughter's eighteen (18) year old boyfriend, defendant Kevin Miranda (" Miranda"). Despite being underage, Miranda drank alcohol provided at the party. Miranda then left the party intoxicated, ran a red light, and crashed his parents' truck into the vehicle driven by Angela Peterson, killing her. Miranda subsequently pled guilty to a category B felony, and is currently serving an eighty (80) month prison sentence.

On October 20, 2011, the Petersons filed a complaint for wrongful death against all defendants. Doc. #1, Exhibit 1. On June 5, 2013, the Petersons filed a second amended complaint against defendants alleging thirteen causes of action: (1) negligence against all defendants; (2) negligence against Eric Miranda and Chary Alvarado Miranda (" Miranda's parents"); (3) violation of NRS § 41.440 against Miranda's parents; (4) violation of NRS § 41.1305 against defendants Zuniga, Robbins, Morales, and Cynthia Ruelas (" Ruelas"); (5) constitutional violations under 42 U.S.C. § 1983 against CCSD and all CCSD employee defendants; (6) intentional infliction of emotional distress against all defendants; (7) negligent infliction of emotional distress against all defendants; (8) negligent hiring, retention, and supervision against CCSD; (9) ratification against CCSD; (10) respondent superior against CCSD; (11) punitive damages against CCSD and all CCSD employee defendants; (12) punitive damages against Miranda; and (13) civil conspiracy against CCSD and all CCSD employee defendants. See Doc. #172.

In response, defendants Robbins and Morales, along with defendants Zuniga and Ruelas, filed a motion for summary judgment on several of the Petersons' claims. Doc. #233. On July 7, 2014, the court granted in-part and denied in-part defendants' motion. Doc. #272. Thereafter, defendants Robbins and Morales ...


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