Sparks v. Alpha Tau Omega Fraternity, Inc.
127 Nev. 287
| Nev. | 2011Background
- Sparks/Sparks (husband, wife) sue Clack and multiple entities for injuries from a tailgate fight before UNR-UNLV game; Doe/Roe defendants were used before identifying true parties.
- Sparks learned in discovery that UNR Alumni Association and SNYAC controlled tailgate functions; later substituted them for Doe/Roe via NRCP 10(a) in July 2006.
- District court dismissed claims against Alumni respondents as untimely and granted summary judgment; later, ATO respondents moved for summary judgment.
- Second amended complaint adding Alumni respondents occurred over two years after initial filing; statute of limitations expired for those claims.
- Nevada Supreme Court reviews (1) whether Sparks exercised reasonable diligence to identify Doe/Roe to relate back under Nurenberger Hercules-Werke v. Virostek; (2) whether ATO respondents owed a duty of care; (3) whether facts show control or ratification to hold ATO liable for Clack’s torts.
- Court holds Sparks did not exercise reasonable diligence to satisfy Nurenberger’s third element; ATO respondents owed no duty of care; no control or ratification found; affirming district court’s judgments against Alumni respondents and ATO respondents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relating back via NRCP 10(a) under Nurenberger | Sparks exercised reasonable diligence. | Sparks did not exercise reasonable diligence. | Relating back denied; statute of limitations ran. |
| Did ATO respondents owe a duty of care to Sparks | Special relationship or duty due to control of local chapters. | No special relationship; no duty. | No duty of care owed by ATO National or local chapters. |
| Whether ATO respondents controlled or ratified Clack’s actions | ATO engaged in control/ratification | No control or ratification established. | No genuine issue to support control or ratification; not liable. |
Key Cases Cited
- Nurenberger Hercules-Werke v. Virostek, 107 Nev. 873 (1991) (three-part test for relation back under NRCP 10(a))
- Sanchez v. Wal-Mart Stores, 125 Nev. _, 221 P.3d 1276 (2009) (duty of care elements in negligence claim)
- Lee v. GNLV Corp., 117 Nev. 291, 22 P.3d 209 (2001) (special relationships notions with ownership/controls)
- Scialabba v. Brandise Constr. Co., 112 Nev. 965, 921 P.2d 928 (1996) (control as a factor in special relationships)
- Alumni Ass'n v. Sullivan, 524 Pa. 356, 572 A.2d 1209 (1990) (national fraternity duty to monitor local chapters not imposed)