Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house. The Smiths were at home but were in the back yard when they heard the crash. They went around to the front and found the Clough car lodged in their home and Ms. Clough dead on their walkway. The trial court rejected the Smith’s claim for negligent infliction of emotional distress. In Smith v. Clough, 106 Nev. 568; 796 P.2d 592 (1990), the Nevada Supreme Court agreed with the trial … [Read more...]
Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress
April 10, 2019 by
Nevada Does Not Recognize An Independent Tort Action For Spoliation
August 16, 2018 by
After remodeling, the Taco Cabana Restaurant was open again for business. But the remodeled decorative ceiling collapsed onto the customers. People were hurt. A lawsuit followed. The contractors and the restaurant entered into an agreement to preserve the collapsed ceiling until all lawsuitsregarding the collapse were resolved. Thereafter, the insurance companies of the contractor and the restaurant became involved. The insurance companies paid the warehouse fees to store the debris. But … [Read more...]
Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases
March 22, 2017 by
“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients. But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on the job. Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]
The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.
August 1, 2016 by
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...]
Back to Basics: The Elements Of A Nevada Negligence Claim
August 22, 2014 by
Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action. Mr. & Mrs. Turner owned season tickets to watch the Las Vegas 51s play baseball. They knew that batters could hit foul balls into the stands. Like at most ball parks, the stands had screens to prevent foul balls from hitting the … [Read more...]
