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Conway v. Circus Circus Casinos9/15/2000
eadaches and dizziness as a result of being exposed to the noxious fumes. Furthermore, the Employees allege that tests revealed that the carbon monoxide levels in the Employees' blood streams were dangerously high. Therefore, we conclude that the exposure to the noxious fumes produced "at the time, or within a reasonable time, objective symptoms of injury."
For these reasons, we conclude that the Employees' alleged injuries are "injure by accident sustained arising out of and in the course of the employment." NRS 616A.020(1). Therefore, the Employees are limited to the remedies provided for under the NIIA. See id. Therefore, we affirm the dismissal of the second through seventh claims for relief.
We now turn to the question of the dismissal of the Employees' claim for injunctive relief contained in their first cause of action. We conclude that the exclusive remedy provision of the NIIA does not bar injunctive relief. Therefore, we must reverse that portion of the district court's order dismissing the Employees' claim for injunctive relief and remand this case to the district court.
In sum, we conclude that the district court properly dismissed the Employees' claims for relief seeking damages because the Employees failed to plead facts showing that Circus Circus deliberately and specifically intended to injure them. Therefore, their alleged injuries come within the purview of the NIIA. However, we conclude that the exclusive remedy provision of the NIIA does not bar the Employees' claim for injunctive relief.
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