High court reverses accident case

Monday, Feb. 2, 2004 | 9:33 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that a person could be criminally charged with only one count of leaving the scene of a traffic accident, no matter how many people were injured.

The court, in a 5-1 decision, said that Ronald Firestone should have been convicted of only one count instead of three of leaving the scene of an accident in 1996 in which three people were injured.

Chief Justice Miriam Shearing, who wrote the majority opinion released Friday, said the violation of the law "does not depend on the number of people injured."

Justice Mark Gibbons dissented, saying the law on drunken driving accidents allows multiple charges to be filed if more than one person is injured.

Firestone was the driver of a vehicle that slammed into a pickup truck, injuring Susan Werly and her two children, who were returning home to Boulder City from the desert ghost town of Nelson.

Firestone got out of his vehicle and asked Susan's husband, Tony, if everybody was OK. Tony refused Firestone's offer to help and pushed him away. Firestone then walked into the desert, leaving his car at the scene of the accident.

Firestone was convicted of three counts at trial and was sentenced to a maximum of 180 months in prison on each count to be served consecutively.

The court's ruling eliminates two of the three counts.

In another ruling, the court held that an insurance company was not required to defend a policyholder who, while drunk and under the influence of drugs, punched another man in the eye, causing permanent damage.

The court, in a split decision, said State Farm Fire and Casualty was under no duty to represent Joshua Beckwith, who had a homeowner's policy with the company.

In July 2000, Beckwith drank alcohol and used LSD and marijuana at a party and experienced hallucinations while walking home, according to court records. He took off his clothes and entered a trailer park near downtown Reno.

A man named William Reccelle confronted Beckwith, who hit Reccelle in the face.

Reccelle filed suit against Beckwith, who asked his insurance company to defend him. The District Court issued a pretrial summary judgment that the incident was not a covered "occurrence" as defined in the insurance policy.

The Supreme Court agreed.

In another decision, the court ruled that the state Transportation Department owes $345,284 in back retirement premiums and interest to the state Public Employees Retirement System.

The department hired five archeologists on contract, and they remained on contract for more than nine years. The retirement system audited the employment case and decided the five were state workers and they should be covered by the state's pension plan.

The court said the retirement board is the one that determines who are employees of the state.