Strategies, Challenges, and Answers

Issue Preclusion Prevents Heir From Relitigating Issue Wrongful Death Case

Sarah Alcantara’s dad died following an assault in a Wal-Mart parking lot.Sarah was a minor.  Sarah’s mom hired an attorney to recover from Wal-Mart.  The attorney filed suit for the wrongful death of Sarah’s dad.NRS 41.085 provides that intestate heirs can recover for wrongful death and recover for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. NRS 41.085(4).  Sarah was … [Read more...]