Strategies, Challenges, and Answers

Only Family Members Can Recover For Negligent Infliction Of Emotional Distress

Negligent Infliction Of Emotional Distress Plaintiff Kellie Grotts was injured and her fiancé was killed in a motor vehicle accident.  Kellie wanted to recover damages for Negligent Infliction of Emotional Distress (NIED).  The trial court said that as a matter of law, Kellie was not “closely related” and dismissed that cause of action.  She appealed.

In Grotts v. Zahner, 115 Nev. 339, 989 P.2d 415 (1999) the Nevada Supreme Court reaffirmed Nevada’s law on NIED.  The Court cited the case of State v. Eaton, 101 Nev. 705, 710 P.2d 1370 (1985).  The Nevada Law Blog has treated that case HERE.  The Court reiterated that there are three elements to a NIED claim. [Continue reading]

Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Claim For Emotional Distress

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house.The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged … [Continue reading]

Nevada Allows Recovery For Prenatal Injuries

Prenatal Injuries

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death.Ms. White … [Continue reading]

Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.

Multiple UM Coverages

Farmers issued two separate auto policies to the Torres family.  Both policies included uninsured coverage.The Torres daughter was injured when a moped on which she was a passenger crashed.  There was no coverage on the moped so Mr. Torres turned … [Continue reading]

Issue Preclusion Prevents Heir From Relitigating Issue Wrongful Death Case

Wrongful Death Case

Sarah Alcantara’s dad died following an assault in a Wal-Mart parking lot.Sarah was a minor.  Sarah’s mom hired an attorney to recover from Wal-Mart.  The attorney filed suit for the wrongful death of Sarah’s dad.NRS 41.085 provides that … [Continue reading]