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...]
As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.
February 13, 2014 by
The Burden On Apportionment Of Damages Shifts To The Defendant Where Two Separate Accidents Cause An Inseparable Injury
October 12, 2011 by
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...]
