Adkins v. Union Pac. R.R. Co.

554 P.3d 212

Melinda ADKINS, an Individual; Gerald Ed Andrews, an Individual; the Estate of Rich Romer, Deceased, by Priscilla Romer Barata, as Personal Representative, Individually and as Heir; Jo Barber, an Individual; the Estate of Kim Bush, Deceased, by Spencer Bush, as Personal Representative, Individually and as Heir; Eliza Chavez, an Individual; Irene Ciauri, an Individual; Leslie Davis, an Individual; the Estate of David Edwards, Deceased, by Carol Edwards, as Personal Representative, Individually and as Heir; the Estate of Janet Gogo, Deceased, by Kristina Gogo, as Personal Representative, Individually and as Heir; Jerry Hughes, an Individual; the Estate of Marie Leggio, Deceased, by Her Husband and Heir, John Leggio; the Estate of Sharon Oden, Deceased, by Michael Oden, as Personal Representative, Individually and as Heir; Karen Paone, an Individual; the Estate of Patricia Porter, Deceased, as Personal Representative, Individually and as Heir; Carol Corbett, an Individual; Kathleen Staite, an Individual; Valerie Stewart, an Individual; Melissa Davies, an Individual; David Efros, an Individual; Eric Eschman, an Individual; Wendy Fenner, an Individual; Morgan Fenner, an Individual; Rachel Fenner, an Individual, by and Through Her Legal Guardian and Mother, Wendy Fenner; Magdalen Fok, an Individual; Joseph Glick, an Individual; Sonia Grive, an Individual; Targa Jefferson, an Individual; the Estate of Andre Kelley, Deceased, by Zeneta Kelley, as Personal Representative, Individually and as Heir; Marketta Kelly, an Individual; Kathleen Kingston, an Individual; Spencer Kirksey, an Individual; Bob Mathews, an Individual; Audrey Mitchell, an Individual; Eileen Mulhern, an Individual; Irene Navis, an Individual; Adrienne Patterson, an Individual; Nicholas Romano, an Individual; Bridget Russo, an Individual; Joseph Sain, an Individual; Denise Sasser, an Individual; Bruce Torrey, an Individual; Jamie Yepson, an Individual; the Estate of John Koswan, Deceased, by Debra Papprich-Adamson, as Personal Representative, Individually and as Heir; Shurnice Coleman, an Individual; Earnest Johnson, an Individual; Donna Jolly, an Individual; Carla Gallegos-Stephens, an Individual; Sierra Stephens, an Individual, by and Through Her Legal Guardian and Mother, Carla Gallegos-Stephens; Andrea Powe-Williams, an Individual; Carin Owens, an Individual; Alberta Williams, an Individual; Roberta Swoopes, an Individual; Royal Alexander, an Individual; Sholeh Amirmokri, an Individual; Roseanna Ardolino, an Individual; the Estate of Ann Asberger, Deceased, by Nicole Breeden, Individually and as Heir; Catherine Asberger, Individually and as Heir to Ann Asberger, Deceased; Christopher Asberger, Individually and as Heir to Ann Asberger, Deceased; Carly Brescia, Individually and as Heir to Ann Asberger, Deceased and in Her Capacity as Special Administrator of the Estate of Ann Asberger, Eugene Astarita, an Individual; Christina Astarita, an Individual; Lenora Avella, an Individual; Amaya Beristain, an Individual; the Estate of Barbara Bloyer, Deceased, by Elizabeth Bloyer-Freeman, as Personal Representative, Individually and as Heir; Antoinette Wailani Cary, an Individual; Gina Cinquegrani, an Individual; Daphne Clark, an Individual; Regina Cruden, an Individual; Cheryl Daily, an Individual; Melisa Davies, an Individual; Toni Leanne Davis, an Individual; Wanda Durnen, an Individual; Cheri Edelman, an Individual; Norma Espinosa, an Individual; Claudia Ewing, an Individual; Craig Falkner, an Individual; Kimberly Flowers, an Individual; Dawn Foren, an Individual; the Estate of Alexander Fortunato, Deceased, by Shery Shively, as Personal Representative, Individually and as Heir; Sandra Foster, an Individual; Joanne Frank, an Individual; Katherine Gallagher, an Individual; Victoria Gonzales, an Individual; Richard Gray, an Individual; Jennifer Hanna, an Individual; Tammy Jo Hansen, an Individual; Gretta Haywood, an Individual; Daniel Higgins, an Individual; Nicole Hoffman, an Individual; Jacqueline Holloway, an Individual; Patricia Hood, an Individual; Mary Hughes-Appel, an Individual; Denise Humphrey, an Individual; Tommy Johnson, an Individual; Kathy Joines, an Individual; Thomas Kendrick, an Individual; Iris Kikuchi, an Individual; Irene King, an Individual; Jacqueline Kinsey, an Individual; Sejla Kopcic, an Individual; the Estate of Victor Largesse, Deceased, by Maile Beckwith, as Personal Representative, Individually and as Heir; Connie Ann Lee, an Individual; Adella Logan, an Individual; Jill MacFarlane, an Individual; Ann Magliere, an Individual; Mariann Matz, an Individual; the Estate of Anne McCall, Deceased, by Hanna Railey, as Personal Representative, Individually and as Heir; Greta McCall, Individually as Heir to Anne McCall, Deceased; the Estate of Zane Moser, Deceased, by Patricia Moser, as Personal Representative, Individually and as Heir; the Estate of Terry Munn, Deceased, by Tommie Munn, as Personal Representative, Individually and as Heir; Thomas Naftal, an Individual; Silvia Noriega-Binyons, an Individual; Thomas Pickrell, an Individual; Leslee Pierce, an Individual; David Pierce, an Individual; Norma Porter, an Individual; Sydney Rabin, an Individual; Sheryl Romines, an Individual; Evelyn Ross, an Individual; Karen Sanchez, an Individual; the Estate of Karen Sarae, Deceased, by Toni-Antoinette Stephens, as Personal Representative, Individually and as Heir; Karen Shelton, an Individual; Charlene Shepard, an Individual; Edward Simms, an Individual; Magic Sixx, an Individual; Anna Slesinski, an Individual; Lisa Snipes, an Individual; Norma Snyder, an Individual; Robert Spencer, an Individual; Rocky Steele, an Individual; the Estate of Stuart Stilling, Deceased, by Janell Rosenburg, as Personal Representative, Individually and as Heir; Gwyn Taylor, an Individual; Anthony Tinnin, an Individual; Stephen Toms, an Individual; Pamela Towers, an Individual; the Estate of Jeffrey Trull, Deceased, by Jennifer Trull-Spaulding, as Personal Representative, Individually and as Heir; Michelle Vanhorn, an Individual; Carole Vill’neuve, an Individual; Kathy Vornberg, an Individual; the Estate of Danielle Walliser, Deceased, by Stephen Walliser, as Personal Representative, Individually and as Heir; Zella Watson, an Individual; Susie Wesley, an Individual; Diane Williams, an Individual; Sharon Witt, an Individual; Katina Woodward, an Individual; and Elizabeth Zylka, an Individual, Appellants,

v.UNION PACIFIC RAILROAD COMPANY, a Foreign Corporation; Monsanto Company; Solutia Inc.; Pharmacia LLC; CalNev Pipe Line, LLC; Kinder Morgan Pipeline, LLC; Kinder Morgan Energy Partners, LP; Kinder Morgan, Inc.; and City of Las Vegas Downtown Redevelopment Agency, Respondents.

No. 85569

Supreme Court of Nevada.

Filed August 15, 2024

Appeal from a district court order granting respondents’ motion to dismiss appellants’ first amended complaint in a tort action on statute of limitations grounds. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Eglet Adams Eglet Ham Henriod and Joel D. Henriod and Erica D. Entsminger, Las Vegas; Mueller & Associates, Inc., and Craig A. Mueller, Las Vegas; The Law Office of Lindsay A. Dibler, LLC, and Lindsay A. Dibler, St. Louis, Missouri, for Appellants.

Perkins Coie LLP and M. Ray Hartman, III, San Diego, California; King Scow Koch Durham LLC and David R. Koch, Henderson, for Respondents CalNev Pipe Line, LLC; Kinder Morgan Energy Partners, LP; Kinder Morgan Pipeline, LLC; and Kinder Morgan, Inc.

Jeffry M. Dorocak, City Attorney, and Timothy J. Geswein, Deputy City Attorney, Las Vegas, for Respondent City of Las Vegas Downtown Redevelopment Agency.

Evans Fears & Schuttert LLP and Kelly A. Evans, Chad R. Fears, Jay J. Schuttert, and Hayley E. Miller, Las Vegas; Shook, Hardy & Bacon, LLP, and Thomas M. Goutman and Kim Kocher, Philadelphia, Pennsylvania, Adam E. Miller, Clayton, Missouri, and Richard L. Campbell, Boston, Massachusetts, for Respondents Monsanto Company, Pharmacia LLC, and Solutia Inc.

Greenberg Traurig, LLP, and Tami D. Cowden, Kara B. Hendricks, and Alayne M. Opie, Las Vegas, for Respondent Union Pacific Railroad Company.

Matthew L. Sharp, Ltd., and Matthew L. Sharp, Reno; Sharp Law Center and A. J. Sharp, Las Vegas, for Amicus Curiae Nevada Justice Association.

BEFORE THE SUPREME COURT, CADISH, C.J., and PICKERING and BELL, JJ.

OPINION

By the Court, PICKERING, J.:

Plaintiffs (appellants here) sued for injuries allegedly caused by exposure to toxic chemicals while they worked at the Clark County Government Center. They invoked the discovery rule to extend the two-year limitations period in NRS 11.190(4)(e) that would otherwise bar their claims. Under the discovery rule, a statute of limitations is tolled until the injured party discovers or reasonably should have discovered facts supporting a cause of action. Unlike some of Nevada’s other statutes of limitation, NRS 11.190(4)(e) does not expressly reference discovery-rule tolling. Based on this omission, the district court concluded that the discovery rule could not extend the limitations period in NRS 11.190(4)(e) and dismissed the case as time-barred. The district court’s narrow reading of NRS 11.190(4)(e) conflicts with long-standing judicial precedent, which supports application of the discovery rule in appropriate circumstances even though the statute supplying the limitations period does not specifically refer to it. Because it was error for the district court to categorically conclude that the discovery rule did not apply, we reverse and remand for further proceedings consistent with this opinion.

I.

Plaintiffs brought personal injury and wrongful death claims against Union Pacific Railroad, various companies that manufacture polychlorinated biphenyl (PCBs) and other toxic chemicals, companies involved with the CalNev Pipe Line, and the City of Las Vegas Downtown Redevelopment Agency (collectively "defendants"). Over the years,...