TV Advertising Personal Injury Law Firm failed to file a mandatory counter claim on behalf of its client resulting in the loss of the client's case. The case was filed in Clark County District Court on... 3/26/10, Docket No. A-10-612847-C. Typically if I settle a legal malpractice case the settlement is confidential and I don't like to publicly embarrass the defendant attorney by putting his or her name on a webpage.
Admiralty and maritime
Healey v. Spencer
Nov 04, 2010
OUTCOME: Settled
Negligent boater chopped off my client's foot with his boat propeller at Lake Havasu. We filed this as an admiralty case in federal court in California because admiralty law offered some advantages and... Lake Havasu, like Lake Mead is an interstate navigable water of the U.S.
Young boy riding a motorized scooter on sidewalk crossed a street at a crosswalk with the pedestrian light. Defendant driver made a right turn into the pedestrian lane, also with the light, and hit boy....
Probate
Petition, Return of Escheated Estate, v. Nevada
Jul 29, 2009
OUTCOME: Escheated money returned to mother
In this case a Las Vegas man who did not keep in contact with his family died leaving a bank account. Because the bank had no contact for family members it turned his bank account over to the State of ...Nevada. That process is called "escheat." There is a public record of such escheats. There are people who call themselves "probate researchers" who use genealogy data to track down the family members when there is an escheat. My client was contact by a "probate researcher" who wanted a 1/3 fee to recover the money. Instead the client's daughter called me and I was able to get escheated money returned to the mother (who was entitled to it as next of kin) for a much smaller fee. All such return of escheat case must be filed in the District Court for Carson City, Nevada.
Brain injury
Conklin v. Hernstadt, Advantage Realty
May 21, 1999
OUTCOME: Confidential 7 figure settlement
Toddler in apt. complex walked into pool area, fell in pool, and survived but with severe brain damage. Police investigation showed that the pool's self-latching gate was not working at the time as req...uired by the County Code. Defendants told police that the night before some "loud Mexicans" having a party broke the gate which they had fixed just the previous day. They showed police a Home Depot receipt for the part allegedly used to fix the gate. The defense locked themselves into this testimony in sworn deposition during the lawsuit. But the defense fell apart when we went to Home Depot and had them read the bar code on the receipt which was not for an item that could be used to repair the self-latching pool gate.
Defective and dangerous products
Fyssakis v. Knight Equipment Corp.
Feb 25, 1994
OUTCOME: Settled after Nevada Supreme Court Decision
108 Nev. 212, 826 P.2d 570. Dishwasher at Sahara got dishwashing soap in his eye which scarred the eye and caused him to lose most of his vision in that eye. I sued soap company and the manufacturer of... the soap dispenser arguing that they failed to warn that the soap could cause blindness and that the dispenser was defective. The district court granted summary judgment to both defendants. I appealed to the Nevada Supreme Court which agreed with me that the district court should have let me go to trial. After this the defendants settled.
Brain injury
Nicholson v. Las Vegas Paving & Cooper Industries
Nov 17, 1992
OUTCOME: Confidential 8 figure settlement
Waitress was driving home after her shift. A trailer mounted air compressor made by Cooper Industries was being towed by a Las Vegas Paving pick up truck. The driver had failed to use the correct trail...er hitch. Cooper Industries sold safety chains for the trailer as an extra cost option which Las Vegas Paving didn't buy. The trailer became disconnected and the front of the trailer went thru client's windshield and took out one eye and some of her brain. She survived, but with permanent brain damage
Personal injury
Kleitz v. Raskin
Jan 01, 1987
OUTCOME: Nev. Supreme Court sent case back to District Court to be decided under above rule; after this the Defendants settled.
103 Nev. 325, 738 P.2d 508 (1987) Plaintiff suffered back injury in two successive car collisions. His doctors could not apportion his injury between the two collisions. The Nevada Supreme Court held t...hat therefore each Defendant was jointly and severally liable to the Plaintiff for his back injury.
Personal injury
Wilson v. Circus Circus
Jan 01, 1986
OUTCOME: Settled after Nevada Supreme Court Decision
101 Nev.751, 710 P.2d 77 (1985) Two and half year old boy was hospitalized for food poisoning. Family claimed he ate exclusively at Circus Circus for 52 hours prior to onset of symptoms; he usually ate... fish with tartar sauce. No one else in the family ate that. Our pathologist testified that under these circumstances there was an 80% chance he got food poisoning at Circus Circus. Because I couldn't point to a defect in the food, the judge threw the case out half way through the trial. I appealed to the Nevada Supreme Court which said the dismissal was improper. Basically, they accepted my argument that in a civil case the Plaintiff only has to show that the Defendant more likely than not caused the injury. However, this is an interesting example of how cases can get dragged out. I got this case as an associate attorney. My boss had turned down a $10,000 offer on the case. I reviewed the file, told my boss I didn't like the case and got his permission and the client's to accept the previously declined $10,000 offer. However, the defense counsel then said, "Since your boss turned down the offer we have spent a couple of thousand dollars so our offer will have to be reduced." I couldn't take less than my boss had been offered and, of course, the client wasn't going to take less than an earlier offer so we went to trial.
Personal injury
Cohen-Sitt v. Orleans Hotel & Casino
N/A
OUTCOME: Suit filed; case went into arbitration; arbitrator found for Plaintiff and casino paid the award
Client slipped on wet floor at casino buffet. Theory of liability: Floor was wet because casino employees spilled ice chips on floor replacing breakfast food trays and buckets with lunch food trays and... buckets. Janitor only placed one wet floor sign out; client did not see the wet floor warning from the direction he was approaching.