Strategies, Challenges, and Answers

Archives for 2016

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to communicate about the accident. Perhaps that is why there was no evidence to contradict the evidence favorable to the driver.  The Traffic Accident Report, the deposition testimony of driver Baltrusaitis and his accident reconstruction expert’s … [Read more...]

Accident Reconstructionist Not Required for Low Impact Defense at Trial

The Nevada Supreme Court held in a minor rear end accident case that Accident Reconstruction experts are not necessary for mounting low impact defenses. Mr. Simao and his wife filed a claim against Ms. Rish claiming bodily injuries following an unremarkable rear end accident in stop and go traffic where no one was transported from the scene.  Prior to trial, the Court granted Plaintiffs’ pretrial motion to forbid Rish, her medical expert and her witnesses from testifying, arguing or … [Read more...]

What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?

The 2015 Nevada Legislature increased the state courts’ jurisdictional limits.  Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000.  That change took effect on October 1, 2015.  NRS 73.010. The same bill increased the jurisdictional limit of Nevada’s Justice of the Peace courts.  Since 2003, the jurisdictional limit had been set $10,000.  Assembly Bill 66 increased the jurisdictional limit to $15,000.  NRS 4.370 (1).  These changes take effect on … [Read more...]

A Tale of Two Lawsuits.

It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith. You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]

What do Mike Mills, Reese’s Peanut Butter Cups and Independent Counsel Have in Common?

As reported a few weeks ago, your favorite Nevada Insurance, Coverage and Trucking law blogger, Mike Mills of Bauman, Lowe, Witt and Maxwell was asked to present at the annual Defense Research Institute (DRI) annual Insurance Claims and Coverage Institute conference.  The conference convened in Chicago in April. Mike presented “Evolution of Independent Counsel: The Nevada Experience” to almost 500 DRI members and attendees including defense & coverage counsel and insurance claims … [Read more...]