Strategies, Challenges, and Answers

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...]

Conviction Of A Misdemeanor Traffic Offense Insufficient To Trigger N.R.S. 41.133

N.R.S. 41.133 imposes liability as a matter of law where the Defendant has been convicted of a crime.  The statute reads: NRS 41.133  Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.  If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. In the case of Langon v. Matamoros, 121 Nev. … [Read more...]