Strategies, Challenges, and Answers

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions concerning prior … [Read more...]

Where A Criminal Conviction Creates Liability, The Defense Of Comparative Fault Is Still Available

In the 2005 decision of Langdon v. Matamoros, the Nevada Supreme Court said that a conviction on a misdemeanor traffic ticket is not enough to create per se civil liability under N.R.S. 41.133.  See our treatment of this case by clicking HERE.  But left undecided was question of the scope of liability under N.R.S. 41.133 when the statute was actually triggered.  That question was answered in the recent case of Cromer v. Wilson, 126 Nev. Adv. Op. 11 (March 11, 2010).  In Cromer, the Defendant had … [Read more...]

Res Ipsa Loquitur And Comparative Fault

If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover.  One of those alternative theories is res ipsa loquitur.  Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”.  In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence.  The … [Read more...]

Joint & Several Liability / Comparative Fault

Nevada has adopted a plan of modified comparative fault.  There is no recovery if the Plaintiff's liability is greater than the liability of the defendant.  N.R.S. 41.141.  On a 50/50 split of liability between Plaintiff and Defendant, Plaintiff will recover but the damages will be reduced by 50%.Several Liability is the rule but there are some very serious exceptions to that rule.  N.R.S. 41.141.  If the Plaintiff is without fault, the rule is Joint & Several Liability.Buck v. … [Read more...]