Mangeris v. Gordon, 580 P.2d 481 (Nev. 1978). · Go Syfert
Mangeris v. Gordon, 580 P.2d 481 (Nev. 1978). Cases Citing This Book View Copy Cite
51 citation events (38 in the last 25 years) across 8 distinct courts.
Strongest positive: Osborn v. Mason County (wash, 2006-05-18)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (quoted) Osborn v. Mason County (2×)
Wash. · 2006 · quote attribution · 2 verbatim quotes · confidence low
in such circumstances, the defendant is impressed with a duty to warn foreseeable victims of foreseeable harm.
examined Cited as authority (quoted) Osborn v. Mason County (2×)
Wash. · 2006 · quote attribution · 2 verbatim quotes · confidence low
in such circumstances, the defendant is impressed with a duty to warn foreseeable victims of foreseeable harm.
examined Cited as authority (rule) PETSMART, INC. v. DIST. CT. (TODD) (7×)
Nev. · 2021 · confidence medium
The Todds counter that Wright imposes a duty of care here because PetSmart controlled and supervised AH4S during the adoption process, was in the position to protect the public from dangerous dogs, and took affirmative action to protect the public by regulating aspects of the adoption process.2 "An indispensable predicate to tort liability founded upon negligence is the existence of a duty of care owed by the alleged wrongdoer to the person injured." Mangeris v. Gordon, 94 Nev. 400, 402, 580 P.2d 481, 483 (1978).
discussed Cited as authority (rule) Susan Hoy v. Jones
D. Nev. · 2020 · confidence medium
When liability is based on negligent 22 supervision instead of respondeat superior, whether the employee acted within the course and scope of employment is immaterial. 23 24 Helle v. Core Home Health Servs. of Nevada, 238 P.3d 818, *3 (Nev. 2008) (footnotes omitted). 25 “Nevada law provides that, when a defendant has actual knowledge of a specific harm, that 26 defendant has a duty to warn known, foreseeable victims of known, foreseeable harms.” Beckman 27 v. Match.com, LLC, 668 F. App'x 759, 760 (9th Cir. 2016) (citing Ducey v. United States, 830 28 1 F.2d 1071 , 1072 (9th Cir. 1987); Elk…
discussed Cited as authority (rule) Mary Beckman v. match.com
9th Cir. · 2016 · confidence medium
Ducey v. United States, 830 F.2d 1071, 1072 (9th Cir. 1987); Elko Enters., Inc. v. Broyles, 105 Nev. 562 , 779 P.2d 961, 964 (1989) (per curiam); Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978).
examined Cited as authority (rule) Sanchez Ex Rel. Sanchez v. Wal-Mart (6×) also: Cited "see"
Nev. · 2009 · confidence medium
Mangeris v. Gordon, 94 Nev. 400, 402 , 580 P.2d 481, 483 (1978).
discussed Cited as authority (rule) Grand Aerie Fraternal Order of Eagles v. Carneyhan (2×)
Ky. · 2005 · confidence medium
E.g., Tarasoff v. Regents of Univ. of Cal., 17 Cal.3d 425 , 131 Cal.Rptr. 14 , 551 P.2d 334, 343 (1976); Bradley Center, Inc. v. Wessner, 250 Ga. 199 , 296 S.E.2d 693, 696 (1982); Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978); Gelbman v. Second Nat.
discussed Cited as authority (rule) Hallett v. United States Department of Navy
D. Nev. · 1994 · confidence medium
In Nevada, as in most states, an “indispensable predicate” to finding liability for negligence “is the existence of a duty of care owed by the alleged wrongdoer to the person injured.” Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978) (citation omitted).
discussed Cited as authority (rule) Sims v. General Telephone & Electronics
Nev. · 1991 · confidence medium
Duty In Mangeris v. Gordon, 94 Nev. 400, 402 , 580 P.2d 481, 483 (1978), we stated that in order for a negligence action to succeed, the alleged wrongdoer must owe a duty of care to the person injured.
discussed Cited as authority (rule) Pope v. State (2×)
Md. · 1979 · signal: cf. · confidence medium
Cf. Mangeris v. Gordon, Nev., 580 P.2d 481, 483-484 (1978).
discussed Cited "see" Hall v. United States (2×)
9th Cir. · 2008 · signal: see · confidence high
See Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978) (citing Tarasoff v. Regents of University of California, 17 Cal.3d 425 , 131 Cal.Rptr. 14 , 551 P.2d 334 (Cal.1976), for the proposition that a duty to warn against “dangerous conduct” may exist where “the defendant bears some special relationship to the dangerous person or to the potential victim”).
examined Cited "see" Carolyn L. Ducey, Lois M. Olson, Helen Gruegel v. United States (4×)
9th Cir. · 1987 · signal: see · confidence high
See Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978).
Retrieving the full opinion text from the archive…
JILLEEN MANGERIS, Individually and as Guardian Ad Litem of TIMOTHY MANGERIS, TERRY MANGERIS and TRACY MANGERIS, Minors, Appellants,
v.
TERRY GORDON, Doing Business as VELVET TOUCH MASSAGE SALON; JUDY McWHIRTER; VELVET TOUCH, INC., a Nevada Corporation; HOWARD SENOR, Doing Business as VELVET TOUCH MASSAGE SALON, DOES I and II, Respondents
9154.
Nevada Supreme Court.
Jul 3, 1978.
580 P.2d 481
Galatz, Earl & Biggar, and Michael Kaplan, Las Vegas, for Appellants., Embry, Shaner & Lang, Ltd., Las Vegas, for Respondent Terry Gordon, doing business as Velvet Touch Massage Salon., George Spizzirri, Las Vegas, for Respondent Judy McWhir-ter., Cromer, Barker & Michaelson, Las Vegas, for Respondent Howard Señor, doing business as Velvet Touch Massage Salon, and Velvet Touch, Inc.
Per Curiam.
Cited by 18 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 74%
Citer courts: Washington Supreme Court (4)

[*401] OPINION

Per Curiam:

Appellants sought damages for the wrongful death of John Mangeris, allegedly caused by respondent’s negligent conduct. Respondents, pursuant to NRCP 12(b), moved to dismiss appellants’ complaint on the ground it failed to state a cause of action. The district court granted the requested motion and appellants here contend that dismissal was improper. We disagree.

On December 16, 1974, John Mangeris, a taxi driver for the Whittlesea Cab Company in Las Vegas, drove his passenger, Danny Brimmage, to respondent Velvet Touch Massage Salon. Later the same evening, Mangeris returned to the salon and picked up Brimmage to transport him to another location. Sometime thereafter, Brimmage murdered Mangeris. [1]

On August 28, 1975, Mangeris’ wife, individually and as guardian ad litem for her three children, commenced this action seeking damages for loss of the services, comfort, support, and companionship of John Mangeris.

Appellants’ third amended complaint alleged, in pertinent part:

X
That on or about December 16, 1974, the Decedent, JOHN MANGERIS, was upon the premises of the VELVET[*402] TOUCH MASSAGE SALON at the invitation of and for a business benefit to the defendants, and each of them.
XI
That at the above stated time and place, defendants and each of them, learned that a patron by the name of DANIEL RAY BRIMMAGE had committed violent criminal acts and was a fugitive from the law.
XII
That on or about December 16, 1974, the defendants, their employees or servants, negligently failed to report to JOHN MANGERIS or the Las Vegas Metropolitan Police Department admitted and sustected [sic] criminal activities of one Daniel Ray Brimmage and said defendants has [sic] reason to fear or be aware that Daniel Ray Brimmage was dangerous to other persons.
XIII
That as a direct and proximate result of the aforesaid negligence of the defendants, and each of them, the decedent, JOHN MANGERIS, was attacked by Daniel Ray Brim-mage and was caused to suffer severe and grievous personal injuries which directly and proximately resulted in his death, all of which occurred after the deceased took Daniel Ray Brimmage from the Velvet Touch Massage Salon to another location.

Respondents moved for, and were granted, an order dismissing the complaint on the ground it failed to allege facts sufficient, as a matter of law, to establish that respondents had a duty to warn either Mangeris or the Las Vegas Metropolitan Police Department of Brimmage’s criminal conduct.

1. In urging us to reverse, appellants contend that a special relationship which existed between Mangeris and respondents impressed respondents with a duty to warn Mangeris of Brim-mage’s criminal conduct.

An indispensable predicate to tort liability founded upon negligence is the existence of a duty of care owed by the alleged wrongdoer to the person injured. See Turney v. Sullivan, 89 Nev. 554, 516 P.2d 738 (1973). Under the common law, as a general rule, one person owed no duty to control the dangerous conduct of another, nor to warn those endangered by such conduct. See Tarasoff v. Regents of University of California, 551 P.2d 334 (Cal. 1976); Rest.2d, Torts (1965) § 314. However, the common law has carved out an exception to this rule in cases where the defendant bears some special relationship to the dangerous person or to the potential victim. See Tarasoff v. Regents of University of California, supra; Rest.2d, Torts[*403] (1965) § 314A, 315. In such circumstances, the defendant is impressed with a duty to warn foreseeable victims of foreseeable harm. Cf. Thomas v. Bokelman, 86 Nev. 10, 462 P.2d 1020 (1970); Tarasoff v. Regents of University of California, supra. Applying these principles to the present case, we are unable to conclude that respondents had a duty to warn Man-geris of potential harm. Indeed, even assuming a special relationship existed, an issue which we need not and, therefore, do not here decide, a reasonable person would not, from the facts alleged, foresee a risk that Brimmage would murder Mangeris at a remote time and distant iocation. Absent the foreseeability of such a risk, respondents had no duty to warn Mangeris of Brimmage’s criminal conduct. Cf. Thomas v. Bokelman, supra; Dillon v. Legg, 441 P.2d 912 (Cal. 1968). See generally, Annot., 10 A.L.R.3d 619 (1966).

2. Appellants, relying on a compounding crimes theory, also allege respondents breached a duty to inform the police of Brimmage’s criminal conduct. However, neither the common law nor our compounding crimes statute requires a citizen to report a crime; mere silence is insufficient to establish liability. See NRS 199.290; Lancey v. United States, 356 F.2d 407 (9th Cir. 1966); Commonwealth v. Lopes, 61 N.E.2d 849 (Mass. 1945); Cf. NRS 195.030; State v. Michaud, 114 A.2d 352 (Me. 1955); People v. Vath, 347 N.E.2d 813 (Ill.App. 1976).

Accordingly, we perceive no error in the district court decision and the order of dismissal is affirmed. [2]

1

The criminal proceedings which arose from these events are reported in Brimmage v. State, 93 Nev. 434, 567 P.2d 54 (1977).

2

The Chief Justice designated Hon. David ZenoíT, Chief Justice (Retired), to sit in this case. Nev. Const., art. 6, § 19; SCR 244.