Strategies, Challenges, and Answers

Everyone Has Their Own Opinion. But Is That Opinion Admissible?

The case of Mikulich v. Carner, 69 Nev. 50, 240 P.2d 873 (1952) is an historically interesting read.  A bus and a tractor trailer met at night on US 95, the two-lane highway between Las Vegas and Reno.  (For readers not from Nevada, portions of that highway are still only one lane in each direction).  […]

An Exception To The Rule Of Several Liability So Big You Can Drive A Bus Through It

Buck v. Greyhound Lines, Inc. Common law has always recognized that when the negligence of multiple tortfeasors combines to injure the Plaintiff, all of the tortfeasors are jointly and severally liable for the damage done.  In other words, the Plaintiff can sue one or all of the tortfeasors and if a judgment is entered, can […]

A Cause Of Action For Negligent Repair May Be Available, But You’ve Got To Keep The Vehicle

A number of states have formally recognized a cause of action for negligent repair of a vehicle.  Francher v. Southwest Mo. Truck Ctr., Inc., 618 S.W.2d 271 (Mo. App. 1981).  Olchovy v. L.M.V. Leasing, 182 A.D.2d 745, 582 N.Y.S.2d 764 (2d Dep’t 1992).  Others allow a cause of action for breach of the implied warranty […]

An Expert Is An Expert, Is An Expert?

In the case of Staccato v. Valley Hospital, 123 Nev. 530, 170 P.3d 503, 505 (2007), the Nevada Supreme Court considered the question of which type of experts can give opinions in which disciplines.  In Staccato, the Plaintiff hired an expert doctor to testify against the Defendant’s nurse.  The nurse had given a “needle-phobic” patient […]

I’d Like A New Judge, Please – Peremptory Challenges

Every party to a law suit wonders if the assigned judge is going to be fair.  Every lawyer asks the very same question.  The next question often follows: “This Judge is not a good fit for my case.  Can I get a different judge?” The most common way to request a different Nevada District Court […]