Strategies, Challenges, and Answers

Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases

“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients.  But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on the job.  Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]

One Or Two Prior Accidents Not Enough To Sustain Negligent Entrustment Cause Of Action.

James Lewis was president of American Savings and Loan.  One of the perks that Mr. Lewis enjoyed as president of the company was a company leased auto.  Mr. Lewis allowed Mrs. Mary Ann Lewis to use the company car from time to time.  One day while she was out on a drive, Mrs. Lewis caused an accident in which Virginia Cooke, the other driver, was injured. Before Mrs. Cooke could file suit she died but her survivors filed suit in her behalf.  The suit included a claim of vicarious liability … [Read more...]

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]

The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.

Michael Adams died when his car hit a cow belonging to Susan Fallini.  Nevada Law Blog readers know from this earlier post that Nevada Is An Open Range State.  Ms. Fallini asserted the “Open Range” defense pursuant to NRS 568.360 claiming the total defense that is available to her under that statute. NRS 568.360  Duties of owners of domestic animals with respect to domestic animals upon highway. No person, firm or corporation owning, controlling or in possession of any domestic animal … [Read more...]

Mike Mills Contributes to DRI’s 2016 Uninsured/Underinsured Compendium

DRI has honored Mike Mills by selecting him to contribute to its 2016 Uninsured/Underinsured Motorist Compendium. DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia. Mike Mills was selected to author the Nevada section of the 2016 Uninsured/Underinsured Motorist Compendium. A full copy the Compendium can be ordered from DRI at http://dri.org/store/Product?productCode=2016-03D . Feel free to preview the Compendium . The … [Read more...]