Arguello v. Sunset Station, Inc.
127 Nev. 365
| Nev. | 2011Background
- Arguello parked at Sunset Station valet, gave keys, received ticket; unknown party stole the vehicle from the valet lot.
- The vehicle was recovered the next day in a stripped condition; insurer Farmer's paid Arguello $20,434.98.
- Arguello sued Sunset Station for negligence and breach of bailment; district court granted summary judgment based on NRS 651.010(1).
- Sunset Station argued NRS 651.010(1) shields it from liability for theft/damage to a vehicle in valet parking; Farmer's subrogation barred Arguello’s standing.
- Arguello argued he is a real party in interest with standing because insurer paid only part of his losses; he retains right to pursue full damages.
- The Nevada Supreme Court held NRS 651.010(1) does not apply to motor vehicles and reversed the summary judgment for Sunset Station.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arguello has standing to sue Sunset Station. | Arguello is a real party in interest despite partial insurer payment. | Subrogation assigns standing to Farmer's only. | Arguello has standing as real party in interest. |
| Whether NRS 651.010(1) shields hotels from liability for theft/damage to a guest’s motor vehicle. | Statute covers property brought or left on premises, includes vehicles. | Statute intended to limit liability for property inside premises or safekeeping, not vehicles. | Statute does not shield motor vehicles from liability. |
| Whether NRS 651.010(1) should be read to include motor vehicles under ‘any property.’ | Plain-language breadth suggests inclusion of all property. | Whole-text context shows vehicles are excluded by the phrase ‘or left in a motor vehicle.’ | Plain-language and context exclude vehicles from coverage. |
Key Cases Cited
- Wood v. Safeway, Inc., 121 Nev. 724 (2005) (standard for de novo review of summary judgment)
- Citizens for Cold Springs v. City of Reno, 125 Nev. _ (2009) (standing and statutory construction reviewed de novo)
- Southern Nev. Homebuilders v. Clark County, 121 Nev. 446 (2005) (read statute as a whole; avoid superfluity)