Boulder City is not immune to flood suit

Wednesday, Dec. 17, 2003 | 9:24 a.m.

CARSON CITY -- The Nevada Supreme Court ruled Tuesday that Boulder City was not immune from a lawsuit in connection with damage to property during a flood in that city in 1997.

The court overturned a ruling by District Judge Nancy Saitta that property owner Paul Vermef could not sue the city for damages to his front yard, driveway and garage caused by the flood. The court said a government is not immune from suit if its negligence prior to an emergency is not connected with the damage caused by the government management activities during the emergency.

In this case, Vermef claimed the damage to his property did not result from emergency management decisions during the flood. He said the damage was due to the installation of a drainage channel adjacent to his home.

The court said Vermef still must establish at further court hearings that Boulder City's construction of the flood channel caused his property to be flooded, as opposed to the failure of Boulder City to prevent the flooding.

The court said governments are immune from actions taken during emergencies.

"Because emergencies are sudden and unexpected, the (government entity) does not have time to assess whether unknown or unforeseen obstacles created by past negligence will hinder its course of action," the ruling stated.

"Therefore, a government entity is afforded immunity for pre-emergency negligence when the damage caused by the negligent emergency management was exacerbated by the pre-emergency negligence.

"A government entity, however, is not immune from liability for its pre-emergency negligence that is not intertwined with damage caused by later negligent emergency management activities."