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 … [Read more...]
Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages
February 16, 2023 by
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 truck. As the truck tried to merge to the left lane it hit the car again because the car was in the truck’s blind spot. The truck then stopped. In Hernandez v. VanVeen, No. 2:14-CV-1493 JCM (CWH), 2017 U.S. Dist. LEXIS 161886 (D. Nev. Sep. 29, 2017), … [Read more...]
Hedonic Damages in Nevada
February 14, 2023 by
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 negligence on the injured person’s ability to participate in and derive pleasure from the normal activities of daily life, or for the individual’s inability to pursue his talents, recreational interests, hobbies, or avocations. In Nevada, hedonic damages … [Read more...]
Nevada Joins Club Cumis
July 7, 2021 by
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., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company … [Read more...]
Happy New Year!
December 31, 2020 by
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! … [Read more...]
