Opinion
No. 63172
03-12-2015
KALVAN KALDOR, Appellant, v. ANTHONY WALLER, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order granting a motion to dismiss in a tort action. First Judicial District Court, Carson City; James Todd Russell, Judge.
Appellant argues that the district court erred in dismissing his defamation per se claim because the discovery rule tolled the statute of limitations for his claim. Having considered the parties' arguments and appendices, we conclude that the district court properly determined that appellant's defamation per se claim was brought beyond the statute of limitations. NRS 11.190(4); Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d 670, 672 (2008) (stating that this court reviews de novo an order granting an NRCP 12(b)(5) motion to dismiss); Pope v. Motel 6, 121 Nev. 307, 315, 114 P.3d 277, 282 (2005) (concluding that defamatory per se statements are actionable without proof of damages); Petersen v. Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990) ("The general rule concerning statutes of limitation is that a cause of action accrues when the wrong occurs and a party sustains injuries for which relief could be sought."). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Because we conclude that the district court properly dismissed appellant's claims based on the statute of limitations, we do not reach the parties' other arguments.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. James Todd Russell, District Judge
James Georgeson, Settlement Judge
Brian R. Morris
Attorney General/Reno
Carson City Clerk