FELIX GIRARD v. LIFE LINE SCREENING OF AMERICA LLC AND LIFE LINE SCREENING HOLDINGS LLC (2023)

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges a district court order granting summary judgment in a tort action.

Petitioner Felix Girard claims that writ relief is necessary to clarify whether an exculpatory waiver that prospectively limits liability of health care providers for negligence is void as against public policy in Nevada. Having reviewed the petition, we decline to exercise our discretion to entertain the petition. D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 475, 168 P.3d 731, 737 (2007) (recognizing this court's broad discretion in determining whether to consider a writ petition). Writ relief is generally not available where a plain, speedy and adequate legal remedy exists, such as an appeal from a final judgment. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Because petitioner has an adequate remedy at law by way of an appeal, we deny the petition.

IT is so ORDERED.

Herndon, J.

Lee, J.

Parraguirre, J.