Arguello v. Sunset Station, Inc.
252 P.3d 206
| Nev. | 2011Background
- Arguello parked at Sunset Station valet, surrendered keys, received a claim ticket.
- Unknown party stole the vehicle from the valet lot; it was recovered the next day stripped.
- Farmer's Insurance paid Arguello $20,434.98 for the loss, reflecting his deductible.
- Arguello sued Sunset Station for negligence and bailment breach, seeking damages for use and modifications.
- Sunset Station moved for summary judgment, asserting NRS 651.010(1) shielded it from liability.
- District court granted summary judgment; Arguello challenged standing and statutory defense on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing and subrogation | Arguello is a real party in interest; partial payment preserves his rights. | Farmer's subrogation leaves Sunset Station as sole liable party, depriving Arguello of standing. | Arguello has standing; he remains a real party in interest. |
| Applicability of NRS 651.010(1) to motor vehicles | Statute should be read to cover property brought on premises, not excluding vehicles outright. | Statute shields hotel from loss of property brought or left on premises, including vehicles. | NRS 651.010(1) does not apply to motor vehicles. |
| Statutory interpretation of the motor vehicle exclusion | The phrase 'any property' would be expanded by 'or left in a motor vehicle' to include vehicles. | The removal of vehicles is excluded by the specific 'or left in a motor vehicle' clause and canons of construction. | Statutory text unambiguously excludes motor vehicles from coverage. |
Key Cases Cited
- Szilagyi v. Testa, 99 Nev. 834, 673 P.2d 495 (1983) (real party in interest overlaps with standing)
- City of Reno v. Reno Gazette-Journal, 119 Nev. 55, 63 P.3d 1147 (2003) (statutory construction is a legal question reviewed de novo)
- Salas v. Allstate Rent-A-Car, Inc., 116 Nev. 1165, 14 P.3d 511 (2000) (plain language and statutory scope guide interpretation)
- Southern Nev. Homebuilders v. Clark County, 121 Nev. 446, 117 P.3d 171 (2005) (read provisions as a whole to avoid superfluity)
- Nadjarian v. Desert Palace, Inc., 111 Nev. 764, 895 P.2d 1292 (1995) (bailment liability and statutory scope considerations)
- Cloward v. Pappas, 79 Nev. 482, 387 P.2d 97 (1963) (predecessor considerations of NRS 651.010)
- Tienda v. Holiday Casino, Inc., 109 Nev. 507, 853 P.2d 106 (1993) (statutory history context for NRS 651.010)
- Duboise v. State Farm Mut. Auto. Ins., 96 Nev. 877, 619 P.2d 1223 (1980) (subrogation applicable to insurer recoveries)