High court revives malpractice lawsuit

Thursday, May 8, 2003 | 9:07 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Wednesday reinstated a medical malpractice lawsuit brought by a patient who claimed her vision deteriorated after eye surgery by Dr. Roger Simon of Las Vegas.

District Judge Nancy Saitta had dismissed Anya S. Duke's lawsuit after Duke, acting as her own attorney, gave the opening statement in the trial against Simon and Retina Consultants of Nevada.

Saitta granted a defense motion that claimed Duke failed in her opening statement to state that the evidence would establish a case of medical negligence.

The Supreme Court said Duke should be given an opportunity to supplement the opening statement to correct any deficiency.

The court also upheld Saitta's decision to grant $65,382 in costs and attorney fees to Dr. R. Jeffrey Parker, who also examined Duke. Parker concurred with Simon's diagnosis that Duke suffered from a retinal detachment. Simon then performed surgery on the right eye.

In a second ruling, the court upheld the decision of the North Las Vegas City Council to rezone an undeveloped 12-acre parcel from multi-family to single-family residential.

In 1989 Becker Enterprises, on behalf of Nevsur, received rezoning on a 320-acre tract to planned unit development. Nevsur over the years developed the property and received extensions to complete the project.

In 1998 the council, as a condition for granting an extension to Nevsur, directed that 12 acres be single family homes.

Nevsur sued and lost. It appealed to the Supreme Court, which said there was substantial evidence for the city council to rezone the land.

The court said the council heard testimony that more multi-family development would result in increased traffic, overcrowding in the local schools, increased crime, a drop in property values and loss of privacy by homeowners visible from the proposed multi-family building.