Las Vegas Sun

March 29, 2024

Metro Police lawsuit back in court

CARSON CITY – The Nevada Supreme Court has reinstated a lawsuit by the Las Vegas Metropolitan Police Department to collect hundreds of thousands of dollars from an insurance company in connection with the traffic death of a bike rider.

The decision overturns the ruling of District Judge Linda Marie Bell, who granted a pre-trial summary judgment in favor of the Coregis Insurance Company, which refused to honor the claim from the police department.

Erin DeLew was riding her bicycle when she was struck by a car driven by Janet Wagner, the wife of a police officer, in 1994. A wrongful death suit was filed against Wagner that was eventually settled.

The DeLew estate then filed a civil rights suit against the police department, accusing it of hiding evidence as to the cause of the accident. It said the cover-up affected the estate’s ability to prosecute the wrongful death suit against Wagner.

The suit was filed in August 2006 and a settlement for $1.4 million was reached. The department said it incurred $804,136 in fees and costs, and sought reimbursement from Coregis.

Coregis refused to pay, saying the police department failed to provide the required timely notice of the DeLew estate suit.

The Supreme Court, in a unanimous decision written by Justice Mark Gibbons, said there was still an issue about whether the notice to the insurance company was late and there should not have been a pre-trial summary judgment.

The court said Coregis must show how it was prejudiced and harmed if the claim was late when the case returns to the district court.

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