“Was it worth it?” This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes. Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010. General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
By A Preponderance Of Evidence
May 18, 2023 by
In civil cases, a Nevada Plaintiff has the burden of proof. But what standard of proof must that Plaintiff meet to prevail? In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”. The case of Deiss v. S. Pac. Co., 56 Nev. 169, 53 P.2d 332 (1936) provides a great explanation as to what it means to prove something “by a preponderance of evidence”. This case involves a crash between a car and a train. The jury found in favor of the deceased driver’s estate … [Read more...]
Just, Speedy, and Inexpensive
May 10, 2023 by
Does anyone else have a favorite Rule of Civil Procedure? I do. It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.” I find myself turning to this rule more and more as I prepare papers for the court. No doubt that the Courts are dedicated to these three principles. As to the … [Read more...]
What Happens If You Split Causes of Action?
May 5, 2023 by
Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts. The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed. The Nevada Supreme Court said: As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club v. Harrah Et Al., 70 Nev. 125, 260 P.2d 304 (1953). The wrongful act of the defendant creates the … [Read more...]
Mixed Claims? Defend as to One, Defend as to All
May 3, 2023 by
Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm. Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [Read more...]
Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.
April 24, 2023 by
The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment. Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. Dist. Ct. Case No. A-22-862769-C (Apr. 14, 2023). The Avalos case involves a woman who rented a vehicle from Budget Car and Truck Rental of Las Vegas. While driving the rented car, the renter was involved in a parking lot accident. Avalos … [Read more...]
Excess Policy vs. Umbrella Policy: What Is The Difference?
April 20, 2023 by
Often the terms Umbrella Insurance and Excess Insurance are used interchangeably. Is there a difference? What is it? Let’s start with primary insurance. Primary insurance is the first layer of insurance. Primary insurance provides immediate coverage upon an occurrence or a loss as described by the policy. Fireman's Fund Ins. Co. v. Md. Cas. Co., 65 Cal. App. 4th 1279, 1304, 77 Cal. Rptr. 2d 296, 311 (1998). Primary insurers generally have the primary duty of defense. Olympic Ins. … [Read more...]
It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists
April 6, 2023 by
The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger. The Son loaned his automobile to his Father. The Father crashed the Son’s auto into the Plaintiff, who was a passenger on a motorcycle. Plaintiff sustained permanent brain injuries. The Son’s insurance was Mid-Century. The Motorcycle insurance was with Progressive Direct. The Father had insurance with GEICO. … [Read more...]
Nevada Hedonic Damages Update
February 25, 2023 by
A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting Defendants Motion in Limine. Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022). Plaintiff was injured in a motor vehicle accident. Plaintiff retained Dr. Stan Smith to provide opinions regarding the loss of household … [Read more...]
Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages
February 16, 2023 by
As Defendant Driver VanVeen was exiting the I-15 at Charleston, he failed to slow his tractor trailer sufficiently. His truck hit the back of the Plaintiffs’ car. The truck scraped the side of the car and kept ongoing. The car followed the truck. As the truck tried to merge to the left lane it hit the car again because the car was in the truck’s blind spot. The truck then stopped. In Hernandez v. VanVeen, No. 2:14-CV-1493 JCM (CWH), 2017 U.S. Dist. LEXIS 161886 (D. Nev. Sep. 29, 2017), … [Read more...]
