Strategies, Challenges, and Answers

Archives for April 2019

Only Family Members Can Recover For Negligent Infliction Of Emotional Distress

Plaintiff Kellie Grotts was injured and her fiancé was killed in a motor vehicle accident.  Kellie wanted to recover damages for Negligent Infliction of Emotional Distress (NIED).  The trial court said that as a matter of law, Kellie was not “closely related” and dismissed that cause of action.  She appealed. In Grotts v. Zahner, 115 Nev. 339, 989 P.2d 415 (1999) the Nevada Supreme Court reaffirmed Nevada’s law on NIED.  The Court cited the case of State v. Eaton, 101 Nev. 705, 710 P.2d 1370 … [Read more...]

Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house. The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged in their home and Ms. Clough dead on their walkway. The trial court rejected the Smith’s claim for negligent infliction of emotional distress.  In Smith v. Clough, 106 Nev. 568; 796 P.2d 592 (1990), the Nevada Supreme Court agreed with the trial … [Read more...]

Nevada Allows Recovery For Prenatal Injuries

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death. Ms. White sued to recover not just for her injuries but also for the wrongful death of her unborn child.  The trial court rejected Ms. White’s claims.  The court said that the negligence of her driver husband was imputed to her and she could not recover. In … [Read more...]