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Hall v. Nevada [II]

California Court of Appeal

141 Cal. Rptr. 439, 74 Cal. App. 3d 280 (1977)

Facts

John Michael Hall and others (plaintiffs) were injured when their car collided with a car driven by Helmut Bohm, a University of Nevada employee. Bohm was on official university business at the time of the collision, which occurred in California. Hall sued the State of Nevada (Nevada) (defendant) in California state court. Nevada waived sovereign immunity but purported to limit its waiver by moving the trial court to apply a Nevada statute that capped damages in the matter at $25,000 per person. The trial court denied Nevada’s motion and the jury awarded Hall $1.15 million in damages. Nevada appealed.

Rule of Law

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Issue

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Holding and Reasoning (Emerson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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