NEVADA SUPREME COURT UPHOLDS RULING IN WRONGFUL DEATH CASE

The Nevada Supreme Court has upheld the striking of a Defendant's Answer for discovery violations. In Bahena v. Goodyear, the District Court had struck the Defendant's Answer for discovery violations; the District Court subsequently held a prove up hearing and awarded damages.

In so holding, the Court again relied on the Young factors that it has cited in many similar cases.

REAR END COLLISION REMANDED FOR NEW TRIAL

The Nevada Supreme Court has remanded a case for new trial due to the District Court erroneously giving a "sudden emergency" jury instruction. In Posas v. Horton, the Court considered whether a Defendant, who rear-ended the Plaintiff, should be allowed to claim a sudden emergency is what caused the accident; the Plaintiff was forced to stop suddenly when a jaywalker with a stroller entered the street.

The Court held that no such instruction was justified as the Defendant admitted at trial to following too close. The sudden emergency doctrine requires that the person invoking it be exercising reasonable care.

As a result of the improper instruction, this case will now be remanded for a new trial.

CONVICTIONS ESTABLISH LIABILITY BUT DO NOT ABBROGATE COMPARATIVE FAULT

The Nevada Supreme Court has held that a criminal conviction may be used to establish liability via summary judgment but that such a conviction does not bar the Defendant from arguing comparative fault. In Cromer v. Wilson, the Court considered whether a person who had been convicted of DUI should still be able to argue comparative fault. The Court held in the affirmative.

NEVADA SUPREME COURT CLARIFIES DUTIES OF INSURANCE COMPANIES

The Nevada Supreme Court has held that an Insurance Company must notify its clients of settlement offers. In Allstate Ins. v. Miller, the Court held that Allstate Insurance breached its covenant of good faith and fair dealing with an insured by failing to do so. This decision will likely lead to an increased number of bad faith insurance cases.

WEARING YOUR SEAT BELT WILL PROTECT YOUR RIGHTS AFTER AN ACCIDENT

Many individuals in Las Vegas, Nevada do not wear their seat belt even though it is mandated under Nevada law. If you are involved in a Las Vegas auto accident, and you are not wearing your seat belt, you may lose your right to recover even if the other driver was at fault. The reason for this is that if your injury are sustained due to your not wearing your seat belt, you will be considered the source of your injuries.

If you have been involved in a Las Vegas auto accident, then contact a Las Vegas accident lawyer immediately.

PERSONS INJURED AT LAKE MEADE MAY BE ENTITLED TO COMPENSATION

Individuals injured in Lake Meade boating accidents may be able to recover for their injuries. If an injury was the fault of someone other than the injured, and the other party was acting in violation of a duty of care, then the injured may be able to bring an action for negligence.

Contact us immediately if you require representation for a Nevada boating accident.

STALLWORTH TO SERVE 30 DAYS FOR DUI HOMICIDE

Cleveland Browns Receiver Dante Stallworth will serve thirty days in jail for having committed DUI resulting in death. Stallworth, a member of the 16-0 New England Patriots team of 2007, has also reached a monetary settlement with the victim's family.

Contact a Las Vegas Injury attorney if you have been the victim of a Las Vegas DUI accident.