Tuesday, Nov. 16, 2010 | 2:19 p.m.
CARSON CITY – The Nevada Supreme Court has reinstated a legal malpractice suit against Las Vegas attorney Dennis Myron Leavitt filed by a woman who accuses him of professional negligence.
The court overturned the ruling of District Judge Stefany Miley, who dismissed the suit brought by Vickie Hall on grounds it wasn't filed within the two-year statute of limitations.
The court, in an order written by Justice James Hardesty, said documents show Hall filed the malpractice suit two days before the statute of limitations ran out in December 2008.
Hall says in April 2005 she and her boyfriend were in the laundry room at the Casa Rosa apartments when a security guard entered, pulled a gun, cocked the pistol, yelled multiple profanities at the couple and threatened to kill them.
The security guard, employed by Security One, was arrested, says Hall, who alleges she was traumatized and forced to undergo extensive psychological treatment.
Hall sued but her attorney, Leavitt, didn't name the security officer as one of the defendants in the civil action. An arbitrator ruled in December 2006 that the suit was defective because it didn't name the security guard.
The arbitrator said Hall failed to show by a preponderance of evidence how any of the other defendants, including Security One, could have foreseen an individual security guard pointing his gun.
Hall says Leavitt was guilty of malpractice by failing to name the security guard in the suit.
The Supreme Court sent the case back to district court for further proceedings.