Strategies, Challenges, and Answers

Break Buck’s Spell. Pursue Passenger Negligence.

Don’t be surprised if a Nevada Plaintiff’s attorney tries to cast a spell on you. The attorney may repeat over and over again, “My client is a passenger. He is not liable for the accident.” By reciting this incantation, the attorney is hoping to enchant you into believing that the magic of the Buck v. Greyhound Lines, Inc., 105 Nev. 756, 783 P.2d 437 (1989) protects all auto passengers, especially hers, from any accusations of comparative fault. For those of you who are familiar with Nevada … [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...]

The Burden On Apportionment Of Damages Shifts To The Defendant Where Two Separate Accidents Cause An Inseparable Injury

The Plaintiff usually has the burden to prove that the Defendant was negligent and that the Defendant’s negligence caused him injury.  However, in cases where two accidents happen so close together that one cannot tell which accident caused which injury, what is a Plaintiff to do?  This was the question posed to the Nevada Supreme Court in the case of Kleitz v. Raskin, 103 Nev. 325, 728 P.2d 508 (1987). In Kleitz, the Plaintiff sustained injury in two successive automobile accidents, one … [Read more...]

Vehicle’s Registered Owner Not Always The Legal Owner For Liability Purposes

Under the right set of facts, the owner of a car can be liable for the driver’s actions.  CLICK HERE.  So you ask, just who is the “owner” of a vehicle in Nevada for liability purposes?This precise issue was raised in the Nevada Supreme Court case of Barr v. Gaines, 103 Nev. 548, 746 P.2d 634 (1987).  In Barr, an injured motorist brought suit against the father of the driver of a car, arguing that, as the registered owner of the car, the father was vicariously liable.  The father argued … [Read more...]

Is It Constitutional To Sue Hulk Hogan?

You may have seen in the news that former professional wrestler Hulk Hogan was sued in Florida.  He wasn’t being sued for his wrestling exploits.  Rather, Mr. Hogan was being asked to answer for the negligence of his son who allegedly injured a friend while driving the Hogan car.  Like Nevada, Florida adopted a law that makes the owner of a car vicariously liable for injuries caused by the negligence of a family member when driving the family car. Nevada’s “family purpose” law is very broad.  … [Read more...]