Strategies, Challenges, and Answers

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.

Traffic ticket In the case of Langon v. Matamoros, 121 Nev. 142, 111 P.3d 1077 (2005) the Nevada Supreme Court faced the issue of the effect of this statute where a misdemeanor traffic offense was involved.  In that case, the Defendant pled no contest, forfeited bail and paid a fine in connection with the citation.  The Plaintiff’s attorney asked the court to introduce evidence of the conviction citation in support of his argument that the defendant should be held civilly liable.  The Defendant argued that her plea of no contest did not result in a judgment of conviction of a “crime” for purposes of N.R.S. 41.133.

The Supreme Court agreed with the defense and held that misdemeanor traffic offenses would not be considered an offense for purposes of N.S.R. 41.133.  The Supreme Court based its decision on the legislative history of the bill explaining that the bill had been passed with a group of other bills relating to victims rights.  In particular, that group of bills addressed this and other issues relating to crimes of violence, particularly malum in se offenses.  Based upon that information the Nevada Supreme Court said that N.R.S. 41.133 does to apply to misdemeanor violations of state and local traffic codes.

Mills & Associates Insurance Lawyers 702-240-6060

About Michael Mills

Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving trucking liability, insurance defense, insurance coverage, premises liability, products liability and defense of personal injury. Mr. Mills is a member of the Trucking Insurance Defense Association, the Defense Research Institute Trucking Committee and the Nevada Motor Transport Association. Mr. Mills is licensed to practice before the Nevada Supreme Court and the Utah Supreme Court. He is also licensed to appear before the United States Supreme Court, the U.S. District Courts for the Districts of Nevada and Utah, as well as the U.S. Court of Appeals for the Ninth Circuit. Mr. Mills has created 3 Blogs for the benefit of the insurance industry. He serves as editor and publisher of the Nevada Insurance Law Blog, the Nevada Coverage and Bad Faith Blog and the Nevada Trucking Law Blog.

Find Mike Mills on Google+