Assembly Bill No. 50–Assemblymen Koivisto, McClain, Ohrenschall, Parks, Chowning, Atkinson, Buckley, Claborn, Collins, Conklin, Goldwater, Leslie, Manendo, McCleary, Pierce and Williams

 

February 6, 2003

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Joint Sponsor: Senator Carlton

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Referred to Committee on Judiciary

 

SUMMARY—Revives for limited time certain causes of action based on effects of silicone that is injected or implanted into body. (BDR 2‑13)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to statutes of limitation; reviving for a limited time certain causes of action based on the effects of silicone that is injected or implanted into the body; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 11 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, a cause of

1-4  action:

1-5  (a) Against a manufacturer of:

1-6       (1) Silicone manufactured for injection into the body; or

1-7       (2) Breast implants containing silicone gel;

1-8  (b) Based upon personal injury or death caused by the effects

1-9  of silicone injected or implanted into the body; and

1-10      (c) That was barred as of July 1, 2003, solely because the

1-11  applicable period of limitation expired,

2-1  is hereby revived, and an action thereon may be commenced on or

2-2  before July 1, 2004. A court may not, based upon any period of

2-3  limitations, dismiss an action on a cause of action described in this

2-4  subsection if the action is commenced on or before July 1, 2004.

2-5  2.  The provisions of subsection 1 do not apply to an action:

2-6  (a) For medical malpractice; or

2-7  (b) Against the State of Nevada, a political subdivision of this

2-8  state or an agency thereof.

2-9  Sec. 2.  NRS 11.190 is hereby amended to read as follows:

2-10      11.190  Except as otherwise provided in NRS 125B.050 and

2-11  217.007, and section 1 of this act, actions other than those for the

2-12  recovery of real property, unless further limited by specific statute,

2-13  may only be commenced as follows:

2-14      1.  Within 6 years:

2-15      (a) An action upon a judgment or decree of any court of the

2-16  United States, or of any state or territory within the United States, or

2-17  the renewal thereof.

2-18      (b) An action upon a contract, obligation or liability founded

2-19  upon an instrument in writing, except those mentioned in the

2-20  preceding sections of this chapter.

2-21      2.  Within 4 years:

2-22      (a) An action on an open account for goods, wares and

2-23  merchandise sold and delivered.

2-24      (b) An action for any article charged on an account in a store.

2-25      (c) An action upon a contract, obligation or liability not founded

2-26  upon an instrument in writing.

2-27      3.  Within 3 years:

2-28      (a) An action upon a liability created by statute, other than a

2-29  penalty or forfeiture.

2-30      (b) An action for waste or trespass of real property, but when the

2-31  waste or trespass is committed by means of underground works

2-32  upon any mining claim, the cause of action shall be deemed to

2-33  accrue upon the discovery by the aggrieved party of the facts

2-34  constituting the waste or trespass.

2-35      (c) An action for taking, detaining or injuring personal property,

2-36  including actions for specific recovery thereof, but in all cases

2-37  where the subject of the action is a domestic animal usually included

2-38  in the term “livestock,” which has a recorded mark or brand upon it

2-39  at the time of its loss, and which strays or is stolen from the true

2-40  owner without his fault, the statute does not begin to run against an

2-41  action for the recovery of the animal until the owner has actual

2-42  knowledge of such facts as would put a reasonable person upon

2-43  inquiry as to the possession thereof by the defendant.

2-44      (d) Except as otherwise provided in NRS 112.230 and 166.170,

2-45  an action for relief on the ground of fraud or mistake, but the cause

3-1  of action in such a case shall be deemed to accrue upon the

3-2  discovery by the aggrieved party of the facts constituting the fraud

3-3  or mistake.

3-4  (e) An action pursuant to NRS 40.750 for damages sustained by

3-5  a financial institution because of its reliance on certain fraudulent

3-6  conduct of a borrower, but the cause of action in such a case shall be

3-7  deemed to accrue upon the discovery by the financial institution of

3-8  the facts constituting the concealment or false statement.

3-9  4.  Within 2 years:

3-10      (a) An action against a sheriff, coroner or constable upon

3-11  liability incurred by acting in his official capacity and in virtue of

3-12  his office, or by the omission of an official duty, including the

3-13  nonpayment of money collected upon an execution.

3-14      (b) An action upon a statute for a penalty or forfeiture, where the

3-15  action is given to a person or the State, or both, except when the

3-16  statute imposing it prescribes a different limitation.

3-17      (c) An action for libel, slander, assault, battery, false

3-18  imprisonment or seduction.

3-19      (d) An action against a sheriff or other officer for the escape of a

3-20  prisoner arrested or imprisoned on civil process.

3-21      (e) Except as otherwise provided in NRS 11.215, an action to

3-22  recover damages for injuries to a person or for the death of a person

3-23  caused by the wrongful act or neglect of another. The provisions of

3-24  this paragraph relating to an action to recover damages for injuries

3-25  to a person apply only to causes of action which accrue after

3-26  March 20, 1951.

3-27      5.  Within 1 year:

3-28      (a) An action against an officer, or officer de facto to recover

3-29  goods, wares, merchandise or other property seized by the officer in

3-30  his official capacity, as tax collector, or to recover the price or value

3-31  of goods, wares, merchandise or other personal property so seized,

3-32  or for damages for the seizure, detention or sale of, or injury to,

3-33  goods, wares, merchandise or other personal property seized, or for

3-34  damages done to any person or property in making the seizure.

3-35      (b) An action against an officer, or officer de facto for money

3-36  paid to the officer under protest, or seized by the officer in his

3-37  official capacity, as a collector of taxes, and which, it is claimed,

3-38  ought to be refunded.

3-39      Sec. 3.  This act becomes effective on July 1, 2003.

 

3-40  H