Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220 (Nev. 1981). · Go Syfert
Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220 (Nev. 1981). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, last quoted 1991 · 2 courts · …willful misconduct requires a consciousness that one's conduct will very probably result in injury ⚠ not in text Topic ↗
107 citation events (26 in the last 25 years) across 8 distinct courts.
Strongest positive: Drowns v. GNLV, LLC (nvd, 2025-07-14)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
cited Cited as authority (rule) Drowns v. GNLV, LLC
D. Nev. · 2025 · confidence medium
Ry., 36 Nev. 181 , 214–15, 135 P. 141 , 153 (1913). 15 Id. at 11 (quoting 633 P.2d 1220, 1221 (Nev. 1981)).
discussed Cited as authority (rule) Friedman v. Walmart Inc.
D. Nev. · 2023 · confidence medium
Van Cleave v. 20 Kietz-Mill Minit Mart, 633 P.2d 1220, 1222 (Nev. 1981). 21 “Evidence must be concrete and cannot rely on ‘mere speculation, conjecture, or 22 fantasy.’” Derzaph v. Wynn Las Vegas, LLC, No. 2:14-cv-01010-KJD-CWH, 2017 WL 841279 , 23 at *2 (D.
discussed Cited as authority (rule) Tucker v. United States of America ex rel U.S. Department of Veterans Affairs
D. Nev. · 2020 · confidence medium
See 28 U.S.C § 2402 (stating that any action 2 against the United States under 28 U.S.C. § 1346 “shall be tried by the court without a jury, 3 except that any action against the United States under section 1346(a)(1) shall, at the request of 4 either party to such action, be tried by the court with a jury.”); cf. Taylor, 615 P.2d at 971 ; Lee 5 v. GNLV Corp., 22 P.3d 209, 212 (Nev. 2001) (“[W]hen plaintiff as a matter of law cannot 6 recover, defendant is entitled to a summary judgment.” (quoting Van Cleave v. Kietz–Mill Minit 7 Mart, 633 P.2d 1220, 1222 (Nev. 1981))); Joynt, 835 P…
examined Cited as authority (rule) Boutwell Vs. Phwlv, Llc (3×) also: Cited "see, e.g."
Nev. · 2019 · confidence medium
That said, "foreseeability, duty, proximate cause and reasonableness usually are questions of fact for the jury." Lee, 117 Nev. at 296 , 22 P.3d at 212 (quoting Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 417 , 633 P.2d 1220, 1222 (1981)).
cited Cited as authority (rule) Contreras v. American Family Mutual Insurance
D. Nev. · 2015 · confidence medium
Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220, 1221 (1981).
discussed Cited as authority (rule) David Roberts v. Albertson's LLC (2×)
9th Cir. · 2011 · confidence medium
To prove proximate cause in a negligence action, 'it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.' Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220, 1221 (Nev. 1981) (per curiam) (internal quotation marµs omitted). '[A] negligence action will not stand when there is an intervening cause that in and of itself is the natural and logical cause of the harm.' Wood v. Safeway, Inc., 121 P.3d 1026, 1037 (Nev. 2005) (internal quotation marµs omitted).
discussed Cited as authority (rule) Butler Ex Rel. Biller v. Bayer
Nev. · 2007 · confidence medium
Nev. 1984) (interpreting “insane” as used in NRS 11.250 “to include a mental disability resulting in the inability to manage one’s affairs”). 24 See Martinez v. Maruszczak, 123 Nev. 433 , 168 P.3d 720 (2007). 25 See Lee v. GNLV Corp., 117 Nev. 291, 296 , 22 P.3d 209, 212 (2001); Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 417 , 633 P.2d 1220, 1222 (1981). 26 Van Cleave, 97 Nev. at 417 , 633 P.2d at 1222 . 27 Scialabba v. Brandise Constr.
discussed Cited as authority (rule) Lee v. GNLV CORP.
Nev. · 2001 · confidence medium
But when plaintiff as a matter of law cannot recover, defendant is entitled to a summary judgment.’ ” See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 417 , 633 P.2d 1220, 1222 (1981) (quoting Thomas v. Bokelman, 86 Nev. 10, 13, 462 P.2d 1020, 1022 (1970)); see also Keeton et al., § 37, at 237 (“It is possible to say, in many cases, that the conduct of the individual clearly has or has not *297 conformed to what the community requires, and that no reasonable jury could reach a contrary conclusion”)- We conclude that this is such a case.
cited Cited as authority (rule) Anderson v. Baltrusaitis
Nev. · 1997 · confidence medium
Michaels v. Sudeck, 107 Nev. 332, 334 , 810 P.2d 1212, 1213-14 (1991) (citing Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 415 , 633 P.2d 1220, 1221 (1981)).
discussed Cited as authority (rule) Ashwood v. Clark County (2×)
Nev. · 1997 · confidence medium
We have repeatedly noted that “ ‘[cjourts are reluctant to grant summary judgment in negligence cases because foreseeability, duty, proximate cause and reasonableness usually are questions of fact for the jury. . . .’ ” Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 417 , 633 P.2d 1220, 1222 (1981) (emphasis added).
discussed Cited as authority (rule) Riley v. OPP IX L.P.
Nev. · 1996 · confidence medium
The Sims court further stated that “[w]e have, in the past, indicated our hesitance to affirm the granting of summary judgment in negligence cases, because such claims generally present jury issues.” Id. (citing Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 417 , 633 P.2d 1220, 1222 (1981)); see also 73 Am.
examined Cited as authority (rule) Sims v. General Telephone & Electronics (3×) also: Cited "see"
Nev. · 1991 · confidence medium
Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 415 , 633 P.2d 1220, 1221 (1981).
cited Cited as authority (rule) Michaels v. Sudeck
Nev. · 1991 · confidence medium
Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 415 , 633 P.2d 1220, 1221 (1981) (emphasis added); NRCP 56(c).
discussed Cited "see" Rodrigues De Freitas v. The Hertz Corporation (2×)
D. Nev. · 2022 · signal: accord · confidence high
Woolard, Inc., 101 P.3d 792, 797 (Nev. 2004)) (cleaned up); accord Van Cleave v. Kietz-Mill Minit Mart, 23 633 P.2d 1220, 1221 (Nev. 1981). 49 Van Cleave, 633 P.2d at 1221 . 1 Hertz argues that “the sudden acceleration of the vehicle was an unforeseeable, 2 intervening cause” that cuts of its liability for this accident.50 But if the jury believes that Mrs. 3 Stevens called Hertz and reported an acceleration defect and concludes the accident happened 4 because of that malfunction, proximate cause could be established.
discussed Cited "see" DRAFT BARS LLC v. ANHEUSER-BUSCH LLC
Bankr. D. Nev. · 2020 · signal: see · confidence high
See Defendant’s Motion, Exh. 44, ECF No. 97-4, pp. 78-80. 24 82See Harrington v. Syufy Enterprises, 931 P.2d 1378, 1380 (1997) (citing Van Cleave v. Kietz–Mill Minit Mart, 633 P.2d 1220 (1991)) (“[W]hen plaintiff cannot recover as a matter of law, defendant is 25 entitled to summary judgment.”); May Trucking Company v. Andrus Transportation Services, Inc., 2011 WL 1720536 , at *3 (D.
discussed Cited "see" Kusmirek v. MGM Grand Hotel, Inc. (2×)
9th Cir. · 2001 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220, 1222 (Nev.1981).
examined Cited "see" MacKay v. 7-Eleven Sales Corp. (4×)
Utah · 2000 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220, 1221-22 (1981) (even where initial sale was to minor, foreseeability of subsequent distributions eventually leading to accident was too attenuated to warrant finding of proximate cause); cf. Foster v. Purdue Univ., 567 N.E.2d 865, 869 (Ind.Ct.App.1991) (deliverer of kegs to fraternity party had no common law duty to protect minors who attended party). 1 ¶ 17 Here the evidence on summary judgment failed to demonstrate that the store clerk should have foreseen that Kyle Peacock would share his purchase with another minor, Dou…
cited Cited "see" United States of America, Third-Party-Plaintiff-Appellee v. State of Nevada, Third-Party-Defendant-Appellant
3rd Cir. · 1996 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220, 1221 (Nev.1981). 5 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed Cited "see" Price v. Blaine Kern Artista, Inc. (2×)
Nev. · 1995 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Mini Mart, 97 Nev. 414 , 633 P.2d 1220 (1981) (on issue of causation, inferences will be drawn favoring party opposing motion for summary judgment, but the opponent must nevertheless show that he can present evidence at trial to support his claim).
discussed Cited "see" Soebbing v. Carpet Barn, Inc. (2×)
Nev. · 1993 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 415 , 633 P.2d 1220, 1222 (1981).
discussed Cited "see" Anderson v. Moulder (2×)
W. Va. · 1990 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220 (1981).
examined Cited "see" El Dorado Hotel, Inc. v. Brown (8×)
Nev. · 1984 · signal: see · confidence high
See Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220 (1981).
discussed Cited "see, e.g." BOURNE v. VALDES, M.D. (2×)
Nev. · 2024 · signal: see also · confidence low
Equities, Inc., 109 Nev. 91, 94 , 847 P.2d 722, 724 (1993) (stating that issues of proximate cause are factual issues); see also Van Cleave v. Minit Mart, 97 Nev. 414, 417 , 633 P.2d 1220, 1222 (1981) ("[C]ourts are reluctant to grant summary judgment in negligence cases because foreseeability, duty, proximate cause and reasonableness usually are questions of fact for the jury." (internal quotations omitted)).
discussed Cited "see, e.g." Mehta v. Victoria Partners
D. Nev. · 2023 · signal: see also · confidence low
Cir. 1976); Rains v. Criterion Sys., 80 F.3d 339 , 343 n.2 (9th Cir. 1996). 4 Nonetheless, according to Nevada law, willful misconduct in other contexts is “intentional 5 wrongful conduct, done either with knowledge that serious injury to another will probably 6 result, or with a wanton or reckless disregard of the possible results.” Davies v. Butler, 602 P.2d 7 605 (Nev. 1979); see also Van Cleave v. Kietz-Mill Minit Mart, 633 P.2d 1220 (Nev. 1981) (defining 8 willful misconduct as an act “that the actor knows, or should know, will very probably cause 9 harm” (quotations and citations…
discussed Cited "see, e.g." Neal v. Bently Nevada Corp. (2×)
D. Nev. · 1991 · signal: see also · confidence low
See also Van Cleave v. Kietz-Mill Minit Mart, *1073 97 Nev. 414, 416 , 633 P.2d 1220 (1981) (Willful misconduct is an act “that the actor knows, or should know, will very probably cause harm”) (quoting Rocky Mountain Produce v. Johnson, 78 Nev. 44, 51-52 , 369 P.2d 198 (1962)); Bell v. Alpha Tau Omega Fraternity, 98 Nev. 109, 112 , 642 P.2d 161 (1982) (“Willful misconduct requires a consciousness that one’s conduct will very probably result in injury”).
discussed Cited "see, e.g." Mcmurray v. United States (2×)
9th Cir. · 1990 · signal: see also · confidence low
See also Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220, 1221 (1981) (willful misconduct described as an act " 'that the actor knows, or should know, will very probably cause harm' ") (quoting Rocky Mountain Produce v. Johnson, 78 Nev. 44 , 369 P.2d 198, 202 (1962); Bell v. Alpha Tau Omega Fraternity, 98 Nev. 109 , 642 P.2d 161, 162 (1982) ("Willful misconduct requires a consciousness that one's conduct will very probably result in injury"). 3 20 The district court correctly applied the Davies definition of willful in this case, holding that the government consciously failed …
discussed Cited "see, e.g." McMurray ex rel. McMurray v. United States (2×)
9th Cir. · 1990 · signal: see also · confidence low
See also Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414 , 633 P.2d 1220, 1221 (1981) (willful misconduct described as an act “ ‘that the actor knows, or should know, will very probably cause harm’ ”) (quoting Rocky Mountain Produce v. Johnson, 78 Nev. 44 , 369 P.2d 198, 202 (1962); Bell v. Alpha Tau Omega Fraternity, 98 Nev. 109 , 642 P.2d 161, 162 (1982) (“Willful misconduct requires a consciousness that one’s conduct will very probably result in injury”). 3 The district court correctly applied the Davies definition of willful in this case, holding that the government consciou…
Retrieving the full opinion text from the archive…
DAVID VAN CLEAVE, Appellant,
v.
KIETZ-MILL MINIT MART; And JOSEPH E. ESKEY, Respondents
12165.
Nevada Supreme Court.
Sep 30, 1981.
633 P.2d 1220
Echeverría and Osborne, Chartered, and James M. Walsh, Reno, for Appellant., Erickson, Thorpe, Swainston & Cobb, Ltd., Reno, for Respondents.
Per Curiam.
Cited by 43 opinions  |  Published

[*415] OPINION

Per Curiam:

Appellant alleged that while walking across a parking lot at the Washoe County fairgrounds, he was struck by a vehicle driven by one David Thayer, receiving injuries which have left him paralyzed. Among other defendants, appellant sued respondent Eskey, doing business as Kietz-Mill Minit Mart (Mart). He alleged that the Mart sold alcoholic beverages to a minor, in “willful and wanton disregard” of the laws of the State of Nevada and of the consequences of the sale, proximately causing the injuries to appellant in that Thayer “consumed the alcoholic beverages sold by [respondents], became intoxicated and thereafter caused [appellant’s] injuries”.

Respondents moved to dismiss for failure to state a claim, and presented to the court the transcript of a deposition taken by appellant’s counsel of one Robert Bill. Mr. Bill testified that he had been six weeks short of his twenty-first birthday when he purchased beer at the Mart, where no one asked him for identification. He further testified that he delivered the beer to Lane Newman, a friend of Thayer’s, on the evening appellant was injured.

The district court granted respondents’ motion to dismiss and certified the judgment pursuant to NRCP 54(b). We affirm.

Since matters outside the pleadings were presented to and not excluded by the court, the motion was treated as a motion for summary judgment. NRCP 12(b); Cummings v. City of Las Vegas Mun. Corp., 88 Nev. 479, 499 P.2d 650 (1972). Summary judgment is proper when the moving party is entitled to judgment as a matter of law, and no genuine issue remains for trial. Nehls v. Leonard, 97 Nev. 325, 630 P.2d 258 (1981). A party opposing such a motion for summary judgment must set forth specific facts showing that there is a genuine issue for trial. NRCP 56(e); Tobler and Oliver v. Bd. Trustees, 84 Nev. 438, 442 P.2d 904 (1968); Garvey v. Clark County, 91 Nev. 127, 532 P.2d 269 (1975).

[*416] Appellant has attempted to characterize respondents’ conduct, as willful and wanton, on the basis of the allegation that respondents had previously “engaged in regularly, repeatedly and knowingly, for profit, selling intoxicating beverages to minors.” Appellant has cited no cases in which past instances of serving minors would transform the nature of a sale such as that alleged here into wanton and willful misconduct. We have described as willful or wanton misconduct an act “that the actor knows, or should know, will very probably cause harm”, Rocky Mt. Produce v. Johnson, 78 Nev. 44, 51-52, 369 P.2d 198, 202 (1962), or an “act of perversity, depravity or oppression”. Bearden v. City of Boulder City, 89 Nev. 106, 110, 507 P.2d 1034, 1036 (1973). We are unable to find in the allegations any suggestion of special circumstances attendant upon the sale in question which would bring it within such a characterization. Compare Davies v. Butler, 95 Nev. 763, 602 P.2d 605 (1979) (evidence of direct administration of large amounts of 190 proof alcohol when actors had knowledge of its dangerous nature); Ewing v. Cloverleaf Bowl, 572 P.2d 1155 (Cal. 1978) (experienced bartender served 21 year old patron 10 straight shots of 151 proof rum plus three other drinks in short period).

Appellant also argues that the act of selling liquor to a minor should be held to constitute common law negligence or negligence per se. He urges us not to apply our holding in Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969), to the sale of an alcoholic beverage to a minor. In the context of this case, however, we find it unnecessary to decide this issue.

“Negligence is not actionable unless, without the intervention of an intervening cause, it proximately causes the harm for which complaint was made.” Thomas v. Bokelman, 86 Nev. 10, 13, 462 P.2d 1020, 1022 (1970). For an act to be the proximate cause of an injury, “it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.” Crosman v. Southern Pacific Co., 42 Nev. 92, 108-109, 173 P. 223, 228 (1918), quoting Milwaukee, etc. Railway v. Kellogg, 94 U.S. 469, 475 (1876). “Whenever a new cause intervenes which is not the consequence of the first wrongful cause, and which is not under the control of the first wrongdoer, and which he could not with reasonable diligence have foreseen, and except for which the final catastrophe could not have happened, then such a result must be held too remote to furnish the basis of an action.”[*417] Konig v. N.-C.-O. Ry, 36 Nev. 181, 214-215, 135 P.1 141, 153 (1913).

Taking into consideration that inferences will be drawn in favor of a party opposing a motion for summary judgment, “the opponent must nevertheless show he can produce evidence at the trial to support his claim.” Thomas v. Bokelman, supra at 14, 462 P.2d at 1023. In this case, appellant has not suggested that he can show more than respondents’ sale of alcoholic beverages to a minor, who left the premises and subsequently delivered the alcohol to a second boy, who delivered to defendant Thayer who eventually consumed these beverages, became intoxicated, and thereafter drove the car which injured the appellant. There is nothing to suggest that the respondents, in light of the circumstances, had any reason to foresee that the purchaser would deliver the beverages to another, or that that person or another to whom he might give the beverage might, after becoming intoxicated, choose to drive and subsequently injure the appellant.

Similarly, in Elliott v. Mallory Electric Corp., 93 Nev. 580, 571 P.2d 397 (1977), we upheld a summary judgment for defendants when a plaintiff injured by a car thief sought to impose liability upon those responsible for leaving keys in an unattended car. As we stated then: “There is nothing to suggest that the owner or bailee could reasonably foresee the theft of the car and its negligent operation resulting in injury to the appellant”. Id. at 586, 571 P.2d at 401.

As we have noted, “[c]ourts are reluctant to grant summary judgment in negligence cases because foreseeability, duty, proximate cause and reasonableness usually are questions of fact for the jury. . . . But when plaintiff as a matter of law cannot recover, defendant is entitled to a summary judgment.” Thomas v. Bokelman, supra at 13, 462 P.2d at 1022. (Citations omitted.) This is such a case.

The judgment of the district court is accordingly affirmed.