Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action. Mr. & Mrs. Turner owned season tickets to watch the Las Vegas 51s play baseball. They knew that batters could hit foul balls into the stands. Like at most ball parks, the stands had screens to prevent foul balls from hitting the … [Read more...]
Archives for August 2014
“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use
August 13, 2014 by
Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment. For example, Asphalt Products Company (APCO) arranged to sell a used bulldozer tractor to All Star Ready Mix. The agreed sales price was $467,000. The sale was memorialized in a written “Intent to Purchase”. APCO then transferred the use of the tractor to All Star. It immediately … [Read more...]
