Posts tagged Motor Vehicle Accidents

• Nevada Legal Guides Now Published

  Steve Klearman | May 28, 2006 11:11 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Thanks to all my readers who have waited a week or two while I stepped away from blogging to finish the four books that I've been working on for a number of years. I have always felt that the highest purpose of legal blogs is to educate legal consumers. Therefore, I plan to utilize materials from my books in my blogs starting today with extended and in-depth information on the law of...

• Court Clarifies Choice of Law in Nevada

  Steve Klearman | May 18, 2006 8:46 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  You live in Arizona. You're driving in Nevada. You hit something in the road and your car flips. You're seriously injured and you sue the auto manufacturer (a Deleware company) and the car dealer (an Arizona company). Does Nevada law govern the case or Arizona law?The Nevada Supreme Court clarifed this issue in General Motors Corp. v. Dist. Ct. 122 Nev. Adv. Op. No. 41(2006), a decision...

• Unambiguous Insurance Exclusions in Nevada

  Steve Klearman | May 18, 2006 8:30 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Imagine that a plane crashes in your backyard due to pilot negligence and you are seriously injured. You sue the pilot and his insurance company tells you: "Wait a minute! Our policy excludes all coverage in situations in which the pilot's airworthiness certificate was not in force and it wasn't in full force and effect here." "Wait a minute, yourself!" you respond. The airworthiness...

• When Binding Arbitration in Nevada Is Not Binding

  Steve Klearman | May 08, 2006 4:33 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  A lot of litigants (and attorneys, too) might be surprised to find out that a private binding arbitration award can still be appealed. The Nevada Supreme Court discusses this issue in a new case, Clark Cty. Educ. Ass'n v. Clark Cty. Sch. Dist., 122 Nev. Adv. Op. No. 30 (2006). There, the Court clarifies the common-law grounds available for a court to review a private arbitration award. The...

• So You Want to Sue Nevada?

  Steve Klearman | May 04, 2006 12:58 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  I've handled a lot of cases that involve Nevada and its political subdivisions. Many entailed serious injuries. Some, for instance, involved sexual assaults by health care professionals and teachers on patients and students. All had one thing in common: Nevada "immunity" caps.There are special laws that govern lawsuits against Nevada and its political subdivisions. These laws, and the Nevada...

• Parental Liability In Nevada for Acts of Child

  Steve Klearman | April 30, 2006 9:53 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Ever wonder when you as a parent become liable for an accidents or intentional injuries caused by your child?Nevada law addresses this in two statutes:First, NRS 41.470 provides: 1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is...

• When Is a Verdict Excessive?

  Steve Klearman | April 30, 2006 9:36 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Juries sit for days or weeks to determine verdicts. Juries are a fundamental concept in our American system. Why do some continue to question the wisdom of juries? Only a juror who sat through a case understands the evidence in that case.Florida attorney Bob Carroll cites to the following verdicts in his blog of this date. Do these look like frivilous lawsuits?A jury in New York awarded the...

• Nevada's Short Trial Program

  Steve Klearman | April 28, 2006 3:21 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I indicated a blog or two ago, cases that are appealed from arbitration or fail in mediation may proceed into Nevada's Short Trial Program. Here's an overview of that program:-A presiding judge is appointed and hears all motions. -The parties exchange document and witness lists and meet for a pretrial conference to chart out the course of the case.-The case is calendared and set for trial...

• Nevada's Path Through ADR

  Steve Klearman | April 27, 2006 3:35 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  The Nevada judicial system has continued to refine its attempt to route smaller cases (generally those with a value of under $40,000) away from district court jury trials and through a series of alternative dispute resolution programs.In Washoe County, Nevada, there are two basic choices in cases of this nature.First, parties can proceed through arbitration. In this form of alternative dispute...

• Punitive Damages in Nevada for Drunk Driving

  Steve Klearman | April 05, 2006 4:43 PM | 0 CommentsReno, NV Category: Automobile Accidents
  

  Punitive damages are meant to punish intentional or exceptionally stupid (my term, not the legislature's) conduct.Punitive damages are available in Nevada auto accident cases under certain limited circumstances. NRS 42.010 provides as follows:42.010. Exemplary and punitive damages: Injury caused by operation of vehicle after consumption of alcohol or controlled substance 1. In an action for the...