News Brief

Bashor, Wyatt and Buono Obtain Dismissal of Complaint against Skilled Nursing Facility

March 30, 2022

Karen L. Bashor (Partner-Las Vegas, NV) and Las Vegas associates Elisa Wyatt and Taylor Buono obtained a dismissal without leave to amend in the Eighth Judicial District Court on behalf of a skilled nursing facility. The plaintiff filed a complaint alleging the nursing facility was negligent in the care of the decedent, causing him to develop a bed sore and contract COVID-19. Karen, Elisa and Taylor filed a motion to dismiss, arguing that the plaintiff did not comply with requirements to state a claim for professional negligence in Nevada, or to state a claim for injury related to exposure to COVID-19. The plaintiff argued a skilled nursing facility is not a health care provider under Nevada law. The judge had previously agreed with the plaintiff’s counsel’s argument in an unrelated but identical case, and the issue is currently on appeal. This time, the court disagreed with the plaintiff’s counsel and granted the motion, dismissing the complaint without leave to amend, finding the plaintiff did not comply with Nevada’s pleading requirements.

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