Strategies, Challenges, and Answers

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to communicate about the accident.Perhaps that is why there was no evidence to contradict the evidence favorable to the driver.  The Traffic Accident Report, the deposition testimony of driver Baltrusaitis and his accident reconstruction expert’s … [Read more...]

Nevada Supreme Court Upholds Verdict Finding Right-Of-Way Violator Only 25% At Fault

The traffic light at the intersection of Sahara and Fort Apache was green for east-west travel. Raymond Yeghiazarian, travelling westbound, wanted to turn left on a permissive green ball.Heading eastbound in his patrol car was LVMPD Officer Jared Wicks. Running without lights or siren, Officer Wicks was travelling faster than the posted speed limit of 45 mph. Yeghiazarian made his left turn in front the oncoming Officer.  The two collided in the intersection.Yeghiazarian suffered severe … [Read more...]

Is The Driver Of A Car That Was Rear-Ended Free From Negligence As A Matter Of Law?

This question came up twice last week. I decided to make it the Nevada Law Blog “Question of the Week”. “Can the driver of a car that was rear-ended be a legal or proximate cause of the accident because of an abrupt or unexpected stop?” The Nevada case of Nehls v. Leonard, 97 Nev. 325, 630 P.2d 258 (1981) answers that question “Yes”.The facts of the Nehls case are pretty simple. Ms. Nehls is a passenger in the car behind. She sues the driver of the car ahead. She claims that the driver ahead … [Read more...]

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued Richards and Cafe Moda.  At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence.  The jury apportioned damages at 80% to Richards and 20% to Cafe … [Read more...]

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]