Don’t be surprised if a Nevada Plaintiff’s attorney tries to cast a spell on you. The attorney may repeat over and over again, “My client is a passenger. He is not liable for the accident.” By reciting this incantation, the attorney is hoping to enchant you into believing that the magic of the Buck v. Greyhound Lines, Inc., 105 Nev. 756, 783 P.2d 437 (1989) protects all auto passengers, especially hers, from any accusations of comparative fault. For those of you who are familiar with Nevada … [Read more...]
Is A Commercial Truck Considered A “Passenger Car” For Purposes Of Disclosure Of Liability Policy Limits?
December 19, 2014 by
The very first post on the Nevada Trucking Law Blog discusses when a trucking company must disclose its bodily injury liability policy limit to an injured party. However, an update to that 2008 post is necessary because, as is true for most things in life, the law is always changing. It is still true that if the injured party files a law suit, the motor carrier is obliged to produce its liability policy for inspection or for copying. Nevada Rule of Civil Procedure 16.1 (a)(1)(D) or Federal … [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
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...]
May I Cut In? Intervening In Nevada
November 4, 2009 by
There are times when an insurance company may find it necessary to jump into the fray. If a lawsuit is ongoing and the insurance company is not party to that suit, the carrier can try to intervene in the suit that’s already filed, rather than rather than file a separate action. Intervention is allowed under Rule 24 of the Nevada Rules of Civil Procedure and under N.R.S. 12.130. Intervention may be appropriate in several situations. A common situation is where an injured Plaintiff sues an … [Read more...]
