Strategies, Challenges, and Answers

Is The Driver Of A Car That Was Rear-Ended Free From Negligence As A Matter Of Law?

caution - car crash!This question came up twice last week. I decided to make it the Nevada Law Blog “Question of the Week”. “Can the driver of a car that was rear-ended be a legal or proximate cause of the accident because of an abrupt or unexpected stop?” The Nevada case of Nehls v. Leonard, 97 Nev. 325, 630 P.2d 258 (1981) answers that question “Yes”.

The facts of the Nehls case are pretty simple. Ms. Nehls is a passenger in the car behind. She sues the driver of the car ahead. She claims that the driver ahead made a sudden and unexpected stop, thus contributing her injuries. The trial court found in favor of the driver of car ahead saying that there was no evidence that that driver was negligent. The trial court granted summary judgment against Ms. Nehls and in favor of the lead car’s driver. [Continue reading]

Happy President’s Day

Presidents Day

On this day, to celebrate Washington's Birthday have some cherry pie. If you would rather, have some cornbread and gingerbread men to honor Abraham Lincoln. If your diet or schedule doesn't allow those, let's take a moment to reflect on the … [Continue reading]

State Farm Tries To Dodge The Single Shot Fired By The Policyholder That Nevada Follows California’s Cumis Rule

Cumis

The Nevada Law Blogs are documenting the drama that plays itself out on the stage of the Nevada Supreme Court.  This particular drama focuses on whether an insurance company can be obliged to pay the fees of an attorney hired by the policyholder … [Continue reading]

Homebuilders, With Their Own Axe To Grind, Argue That Independent Counsel Should Be Required Upon Issuance Of Every Reservation Of Rights Letter

I'm all out of axes except yours

The Southern Nevada’s Homebuilders Association says that the insurance industry is doing its members wrong by not giving them independent counsel. They file an amicus brief with the Nevada Supreme Court and hope that amidst all this gunfire between … [Continue reading]

Dr. Martin Luther King Jr. Had a Dream . . .

I have a dream - Martin Luther King

As our nation celebrates Martin Luther King’s birthday, let us reflect on a few of his words. "I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the … [Continue reading]