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EmailN.R.S. 41.133 imposes liability as a matter of law where the Defendant has been convicted of a crime. The statute reads:
NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury.
In the case of Langon v. Matamoros, 121 Nev. 142, 111 P.3d 1077 (2005) the Nevada Supreme Court faced the issue of the effect of this statute where a misdemeanor traffic offense was involved. In that case, the Defendant pled no contest, forfeited bail and paid a fine in connection with the citation. The Plaintiff’s attorney asked the court to introduce evidence of the conviction citation in support of his argument that the defendant should be held civilly liable. The Defendant argued that her plea of no contest did not result in a judgment of conviction of a “crime” for purposes of N.R.S. 41.133.
The Supreme Court agreed with the defense and held that misdemeanor traffic offenses would not be considered an offense for purposes of N.S.R. 41.133. The Supreme Court based its decision on the legislative history of the bill explaining that the bill had been passed with a group of other bills relating to victims rights. In particular, that group of bills addressed this and other issues relating to crimes of violence, particularly malum in se offenses. Based upon that information the Nevada Supreme Court said that N.R.S. 41.133 does to apply to misdemeanor violations of state and local traffic codes.
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