Chester M. Belcher and Betty A. Belcher, Husband and Wife v. Nevada Rock & Sand Company, a Nevada Corporation

This is a personal injury action brought under the district court’s diversity jurisdiction. Defendant Nevada Rock and Sand contracted with the State of Nevada to construct a temporary connecting link between U.S. Highway 40 and a completed portion of Interstate 80 parallel to it. On a night about three months after the completed project was accepted by the state, Belcher was driving westward on U.S. 40. He missed the turnoff to Interstate 80 and swerved into a series of large reflectorized barricades which defendant had placed as a permanent part of the completed project in the “V” formed by the intersection of the old highway and the new connecting link. Belcher alleged that defendant’s failure to place warning lanterns on the barricades was the proximate cause of his accident, and he sued to recover damages on theories of negligence, strict liability in tort, and breach of warranty. The district court instructed the jury only on the issue of negligence. After an adverse verdict, Belcher appeals the court’s refusal to give instructions on the other two theories.

We agree with the district court that under Nevada law, the doctrines of strict liability in tort and breach…