Strategies, Challenges, and Answers

Nevada Hedonic Damages Update

A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting Defendants Motion in Limine.  Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022).

Plaintiff was injured in a motor vehicle accident.  Plaintiff retained Dr. Stan Smith to provide opinions regarding the loss of household services, the cost of future care and the value of “reduced enjoyment of life” otherwise known as hedonic damages.  Dr. Smith placed the value of Plaintiff’s hedonic damages at between $749,749 to $1,249,594.

Nevada has recognized the concept of hedonic damages since the groundbreaking case of Banks v. Sunrise Hospital, 120 Nev. 822, 102 P.3d 52 (2004).

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Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages

Hernandez v. VanVeen

As Defendant Driver VanVeen was exiting the I-15 at Charleston, he failed to slow his tractor trailer sufficiently.  His truck hit the back of the Plaintiffs’ car.  The truck scraped the side of the car and kept ongoing.   The car followed the … [Continue reading]

Hedonic Damages in Nevada

In Banks v. Sunrise Hospital, 120 Nev. 822, 102 P.3d 52 (2004) Nevada joined those states which allow an award for hedonic damages stating: damages for “loss of enjoyment of life” compensate for the limitations, resulting from the defendant’s … [Continue reading]

Nevada Joins Club Cumis

Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., … [Continue reading]

Happy New Year!

May 2020 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Continue reading]