In the case of Johnson v. Watkins, 70 Nev. 156, 262 P.2d 237 (1953) a truck driver tried to invoke the rule regarding evidentiary inferences in his favor. According the Nevada Supreme Court an evidentiary inference is: a logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts. Although an inference may give rise to a rebuttable presumption in appropriate cases, an … [Read more...]
More Subrogation?
June 8, 2010 by
During these economically troubled times, this office is seeing an upswing in cases that we defend where our opponent is an insurance company seeking subrogation. In the past, these defense cases were few and far between. With intercompany arbitrations resolving many of these disputes, it appears to us that where such agreements are not controlling, more and more carriers are opting to file small property damage claims that previously may have just gone uncollected. In addition, we have … [Read more...]
Every Case Is Different
May 10, 2010 by
In an earlier post HERE, we described some of the things an attorney must consider in deciding whether a case filed in state court must or should be removed to federal court. Having just completed a trial in federal court I wanted to give my impressions about that experience. Unlike most of my recent trials, in this particular case, I represented an insurance carrier seeking subrogation recovery of a worker’s compensation payout. My client was a Plaintiff-Intervenor, working in conjunction … [Read more...]
Dram Shop Wonderland Castle Withstands Surprise Attack
January 12, 2010 by
Previous blogs have discussed the long standing rule in Nevada that a proprietor’s sale of alcohol is not the proximate cause of injury to either the consumer or a victim of the consumer of the beverage. The most recent case that was discussed was Rodriguez v. Primmadonna Co., 125 Nev. Adv. Op. 45 (2009), discussed HERE. That case involved inebriated casino patrons who had been kicked out of a casino, with the casino’s knowledge that they would be departing in a vehicle. An ensuing accident … [Read more...]
The Five-Year Rule: Mandatory Dismissal If Case Not Brought To Trial Within Five Years
November 12, 2009 by
Under Nevada Rule of Civil Procedure 41(e), the court is obliged to dismiss any suit that is not brought to trial within five years. The Rule states: (e) Want of Prosecution. The court may in its discretion dismiss any action for want of prosecution on motion of any party or on the court's own motion and after due notice to the parties, whenever plaintiff has failed for 2 years after action is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be … [Read more...]
