A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting Defendants Motion in Limine. Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022). Plaintiff was injured in a motor vehicle accident. Plaintiff retained Dr. Stan Smith to provide opinions regarding the loss of household … [Read more...]
Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages
February 16, 2023 by
As Defendant Driver VanVeen was exiting the I-15 at Charleston, he failed to slow his tractor trailer sufficiently. His truck hit the back of the Plaintiffs’ car. The truck scraped the side of the car and kept ongoing. The car followed the truck. As the truck tried to merge to the left lane it hit the car again because the car was in the truck’s blind spot. The truck then stopped. In Hernandez v. VanVeen, No. 2:14-CV-1493 JCM (CWH), 2017 U.S. Dist. LEXIS 161886 (D. Nev. Sep. 29, 2017), … [Read more...]
Hedonic Damages in Nevada
February 14, 2023 by
In Banks v. Sunrise Hospital, 120 Nev. 822, 102 P.3d 52 (2004) Nevada joined those states which allow an award for hedonic damages stating: damages for “loss of enjoyment of life” compensate for the limitations, resulting from the defendant’s negligence on the injured person’s ability to participate in and derive pleasure from the normal activities of daily life, or for the individual’s inability to pursue his talents, recreational interests, hobbies, or avocations. In Nevada, hedonic damages … [Read more...]
Nevada Joins Club Cumis
July 7, 2021 by
In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company … [Read more...]
Happy New Year!
December 31, 2020 by
May 2020 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Read more...]
Season’s Greetings
December 21, 2020 by
I really enjoy this time of year. It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather. Most importantly, I hope that you all will be sharing this wonderful Season with those you love. From all of us to all of you, have a Happy Holiday. … [Read more...]
Happy Thanksgiving From Bauman Loewe Witt & Maxwell
November 22, 2020 by
All of us at Bauman Loewe Witt & Maxwell would like to take a moment to wish our clients, family and friends (including all of our loyal blog readers), a very Joyous and Happy Thanksgiving. Whether you are celebrating with a small gathering, or preparing for what is shaping up to be dinner for a small country, we wish you and yours all the very best. … [Read more...]
Let’s Appreciate and Remember Our Veterans; on Veterans Day and Everyday
November 9, 2020 by
Officially, we celebrate Veterans Day on November 11. Americans honor the brave men and women of the armed forces who risk their lives to protect our freedom. They include past and present members of the US Army, Navy, Marine Corps, National Guard, Air Force, and the Coast Guard. Originally called Armistice Day, major hostilities of World War I were formally ended at the 11th hour of the 11th day of the 11th month of 1918, when the Armistice with Germany went into effect. Here are a few … [Read more...]
The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .
May 22, 2020 by
“Was it worth it?” This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes. Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010. General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests
November 27, 2019 by
The former patient of a Las Vegas doctor sued him. In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor. When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit. However, the Plaintiffs said that they would accept the policy limit to resolve the case. When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange. The doctor alleged that the … [Read more...]
