Strategies, Challenges, and Answers

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...]

Ambiguous State Farm UM Coverage Allows Wife To Recover For Separate Emotional Distress Caused By Witnessing Husband’s Death

Mrs. Brewington rode her motorcycle a little behind Mr. Brewington on State Highway 49 in California. An oncoming rider crossed the center line striking Mr. Brewington and ejecting him from his bike. Mrs. Brewington witnessed the collision, stopped and called for assistance. Mr. Brewington died on the way to the hospital with Mrs. Brewington by his side.The negligent rider had no liability insurance. However, the Brewingtons had UM coverage with their motorcycle carrier State Farm in the … [Read more...]

Some Things Just Shouldn’t Stay In Vegas

The Las Vegas Convention and Visitor's Authority claims that “What happens in Vegas, stays in Vegas®”  However, there are some things that just shouldn’t be left in Vegas.  The Nevada Cremation Society and Clark County Coroner learned that lesson the hard way in the case of Boorman v. Nevada Cremation Society, Inc., 126 Nev. Adv. Op. 29, 236 P.3d 4 (2010).Richard Boorman came to Las Vegas from Great Britain to attend a bachelor party. Mr. Boorman overindulged.  He died from the effects of … [Read more...]