Strategies, Challenges, and Answers

CELEBRATE INDEPENDENCE DAY !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday!As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life altering document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, … [Read more...]

An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

Ashley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. … [Read more...]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]

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...]