Posts tagged Worksite Injuries

• Damages in Nevada Negligence Cases

  Steve Klearman | July 18, 2006 3:20 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Here is a continuing survey of cases and holdings that pertain to damages in Nevada negligence cases. As always, cases are listed in chronological order starting with more recent cases.An employer may be liable for punitive damages for acts or omissions of its agents if, but only if, (a) principal or managerial agent authorized doing and manner of act; (b) agent was unfit and principal or...

• Proving a Negligence Claim in Nevada - Part I

  Steve Klearman | June 11, 2006 1:23 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Last blog, I listed an excerpt from my new book that included many fact situations that give rise to negligence claims in Nevada.This blog I will concentrate on those cases that discuss proving negligence claims in Nevada and next blog I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the most recent cases to touch...

• The Elements of a Negligence Claim in Nevada

  Steve Klearman | June 02, 2006 4:30 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  The elements of a negligence claim in Nevada are as follows:1. Defendant owed a duty of care to plaintiff;2. Defendant breached that duty;3. The breach was the legal cause of plaintiff's injuries; and,4. Plaintiff suffered damages.Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996).The Nevada Supreme Court has dealt with and discussed many fact situations in which...

• Understanding the Importance of the Elements of Nevada Legal Theories

  Steve Klearman | June 02, 2006 4:03 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I said last blog, I plan to provide in-depth information on Nevada civil law in general, and the elements of Nevada legal theories in particular, in many future blogs. Much of this legal research is extracted from the Second Edition of my first book, Elements of Nevada Legal Theories.Nevada is a notice pleading jurisdiction. This means that civil complaints in Nevada can be pleaded rather...

• 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...

• 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...

• 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...