The Nevada Supreme Court held in a minor rear end accident case that Accident Reconstruction experts are not necessary for mounting low impact defenses.
Mr. Simao and his wife filed a claim against Ms. Rish claiming bodily injuries following an unremarkable rear end accident in stop and go traffic where no one was transported from the scene. Prior to trial, the Court granted Plaintiffs’ pretrial motion to forbid Rish, her medical expert and her witnesses from testifying, arguing or insinuating a low-impact defense because Rish did not retain a biomechanical engineer. Simao’s motion relied upon the Hallmark decision to preclude a low impact defense in absence of a biomechanical expert to lay a foundation for the jury. [Continue reading]