January 28, 2025, Oral Arguments
Smith vs. Paustian c/w 87975
Las Vegas – 2:00 p.m. – Court of Appeals
Smith vs. Paustian c/w 87975
Docket No. 86961-COA
Las Vegas– 2:00 p.m. – Court of Appeals
These are consolidated appeals from a judgment on a jury verdict and a post-judgment order awarding pre-judgment interest. Appellant Heather Smith filed suit against respondent Robert Ray Paustian for negligence arising out of a motor vehicle accident and sought punitive damages. Following trial, the jury awarded Smith limited compensatory damages but was not permitted to consider Smith’s request for punitive damages. After the judgment on the jury verdict was rendered for Smith, the court entered an order concerning prejudgment interest.
The following issues are presented in these consolidated appeals: (1) whether the district court erred in denying Smith’s request to produce Paustian, who was incarcerated at the time of trial, to testify at trial or by alternative means such as video conferencing or a second deposition for use at trial; (2) what effect, if any, does Paustian’s death post-trial have on this appeal; (3) whether the district court abused its discretion by excluding Paustian’s prior inconsistent statement; (4) whether the district court erred in granting Paustian judgment as a matter of law as to Smith’s punitive damages request; (5) whether the district court erred in denying Smith pre-offer pre-judgment interest as it applies to Paustian’s NRCP 68 offer of judgment; and (6) whether the district court erred in calculating the post-offer pre-judgment interest due to Paustian from the time the offer was rejected rather than when costs were actually incurred.