In a city that thrives on tourists, Las Vegas’ rental car companies cater to both national and international clientele. The more rental car drivers that are on the streets, the more likely it is that some of these will cause accidents and injuries. Keeping that in mind, Plaintiffs’ attorneys often choose to target defendants based on availability rather than liability. In other words, Plaintiffs’ attorneys will sue not only the rental car driver, but they will also sue the rental car company … [Read more...]
Shielding Rental Car Companies From Negligent Entrustment Actions: How Much Is Enough?
February 21, 2011 by
The Futility Of Summary Disposition Of Cases In Clark County, Nevada
November 15, 2010 by
“Why Should I Even Try?” I don’t know how many times during my first meeting with the client, I have heard recitations about how unjust it is that the client has to defend against facially unsupportable allegations. “Why don’t you just file a Motion and get us out of this case?” they ask. My answer has always been “If only it were that easy!” When giving that answer, I wasn’t trying to be inconsiderate. I was just passing on to the client what I had learned by experience; in Nevada State … [Read more...]
What Constitutes A Sudden Emergency?
September 14, 2010 by
It happens, you are driving down the street and suddenly a dog, or child darts out in front of your vehicle, you slam on the brakes, or swerve, and BAM, you’ve hit something or worse someone. Or you were able to stop in time, but the car behind didn’t, and BAM, hit from behind. Or the car in front of you suddenly stopped and you struck it. Whether or not you were at fault in any of the above scenarios may depend on whether or not your conduct qualifies under the Sudden Emergency Doctrine. … [Read more...]
Got Questions?
August 3, 2010 by
These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions concerning prior … [Read more...]
Evidentiary Inferences Allowed At The Court’s Discretion
July 14, 2010 by
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...]
