Nevada court limits payments to citizens wronged by government agencies

The high court held that to permit lawsuits against a number of government entities stemming from a single incident "may have a massive and deleterious effect upon state and local treasuries."

The decision Monday overturns a pretrial ruling by Clark County District Judge Don Mosley, who held that a suit by a Las Vegas couple could proceed against University Medical Center even though they got $150,000 from the state.

Martha Upchurch gave birth in July 1990 to a baby who suffered from cerebral palsy. The parents blamed the hospital and physicians Donald Roberts and Edward Spoon, obstetric-gynecology residents employed by the state and the University of Nevada Medical School.

The state agreed to settle, paying the maximum $50,000 each to the father, mother and child.

The parents also sued UMC, which said they weren't entitled to collect from a second judgment because Nevada lawmakers intended a limit on such cases.

District Judge Richard Wagner of Lovelock, who sat in for Justice William Maupin, wrote the Supreme Court's majority opinion.

Wagner said there was no direct evidence that the Legislature considered the issue, and in the absence of clear guidance from lawmakers the Supreme Court should employ "judicial restraint" in holding that only one government should pay.

Chief Justice Charles Springer dissented, saying both the state and the hospital should be held liable. He added the law permits an action against any political subdivision.

"This means to me that one can sue and recover judgments against the state, a county government and a city government, if each has been proven to be independently liable for tortious conduct," Springer said.

Justice Bob Rose joined in the Springer dissent.

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