Strategies, Challenges, and Answers

The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.

Michael Adams died when his car hit a cow belonging to Susan Fallini.  Nevada Law Blog readers know from this earlier post that Nevada Is An Open Range State.  Ms. Fallini asserted the “Open Range” defense pursuant to NRS 568.360 claiming the total defense that is available to her under that statute.

NRS 568.360  Duties of owners of domestic animals with respect to domestic animals upon highway.

  1. No person, firm or corporation owning, controlling or in possession of any domestic animal running on open range has the duty to keep the animal off any highway traversing or located on the open range, and no such person, firm or corporation is liable for damages to any property or for injury to any person caused by any collision between a motor vehicle and the animal occurring on such a highway.
  2. Any person, firm or corporation negligently allowing a domestic animal to enter within a fenced right-of-way of a highway is liable for damages caused by a collision between a motor vehicle and the animal occurring on the highway.

The facts seemed to confirm the viability of Ms. Fallini’s “Open Range” defense.  NHP investigators found that the auto vs. cow accident happened on “Open Range”.  Even a memorial web site set up by Mr. Adams family referenced the fact that the incident happened on “Open Range” land.  [Continue reading]

Season’s Greetings

Seasons Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating … [Continue reading]

Slip and Fall? Summary Disposition Is No Longer The Obvious Choice.

Slip and Fall

In 1962, Mrs. Gunlock was a guest of the New Frontier Hotel.  She tripped and fell her way into Nevada premises liability law for half a decade. The Supreme Court of Nevada case of Gunlock v. New Frontier Hotel Corp., 78 Nev. 182, 370 P.2d 682 … [Continue reading]

Settlement, Unsettled

The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release.  Claimant’s counsel rejects the Release.  Instead, counsel insists on a … [Continue reading]

Happy Thanksgiving From Bauman Loewe Witt & Maxwell

Happy Thanksgiving

All of us at Bauman Loewe Witt & Maxwell would like to take a moment to wish our clients, family and friends (including all of our loyal blog readers), a very joyous and Happy Thanksgiving. Whether you are celebrating with a small gathering, … [Continue reading]